Research On Legal Status Of Anonymous Shareholders

In the modern developing society, the company has become one of the most important elements of the social and economic development. Most of our current company law provisions is about the cognizance of the legal status of shareholders. Dormant investment phenomenon is increasingly common in practice, and whether the dormant shareholders also have the qualification of shareholders is uncertain condition. This is the main content of research by the author. Therefore, body part consists of the following four chapters in this paper:The second chapter gives a brief introduction of dormant shareholders’ legal status. First of all, from the perspective of connotation and denotation.The author define the concept of dormant shareholders and analyze its legal characteristics. Then the author analyses the causes of dormant shareholders. First chapter is summary analysis to the dormant shareholders’ legal status for later study of theoretical preparation.The third chapter discusses the cognizance of dormant shareholders’ legal status principles and standards, for the improvement of the later Suggestions. Firstly, the author analyses the basic principles of dormant shareholders’ legal status recognition. Secondly, the author reviewed three theory points of view of the current academic circles and their shortcomings. The author thinks that, only case-by-case basis is accord with the objective law of economic and social development. Finally the author summarizes that the dormant shareholders’ legal status standards of practice.The fourth chapter summarizes the domestic and foreign legislative status qua of dormant shareholders’ legal status, pointed out that the current company law and relevant judicial explanation to dormant shareholders of system. And the author compares the continental law system and Anglo-American law system abroad legislative norms of dormant shareholders’ legal status. Improving the relevant systems of the dormant shareholders’ legal status in our country, we still need to combine the current legislative situation in our country with the concrete analysis. The fifth chapter is about the improvement of the dormant shareholders’ legal status, and this is the key and difficult part. First of all, the law should clearly define the legal status of dormant shareholders. To establish this voluntary show the legal mechanism of freelance. Dormant shareholder behavior norms and distinguish recognized dormant shareholders’ legal status of the domestic and foreign different situation. Second, the problem of dormant shareholders’ legal status should analyze in practice. Mainly involves three aspects:the silent qualification disputes between dormant shareholders and company; dormant shareholders and shareholder’s equity interest disputes and equity transfer disputes between the donnant shareholders and the third person. In this chapter, from the perspective of theory and practice, the author gives suggestions and concrete countermeasures of the problem.