| Implicit foreign investor in China’s reform and opening up to a variety of reasons dormant investment way into mainland China, which is China’s economic and social development has made tremendous contributions. But foreign investment dormant investment and China beginning in the investment approval system for foreign conflict between the existing judicial practice which became dormant foreign investors appear shareholders eligibility cases confirmed one of the reasons. In this paper, the author experienced a case as the background to existing laws and regulations as the basis, summed up the practice of anonymous investors, shareholders are recognized foreign qualification requirements, and the case of the jurisdiction and approval of the relationship with the judge made some exposition to for practical help.The first chapter introduces foreign investment in the mainland dormant status of the problem, about the author’s personal experience of cases and case background. In some cases, the author tells the story of the parties to the dispute from the company was founded and blocked filing status, and then analyze the reasons for the above situation, summed up the case in the third quarter and the focus of controversy and case-related issues under the jurisdiction and approval for discussion later to do the groundwork.The second chapter Summary dormant investment foreign qualifications recognized in shareholders’ requirements. Author from existing foreign dormant investment began to introduce the practice of the doctrine, pointing out that the existing "investor will benefit" and "foreign-invested enterprises subject to shareholders approval and confirmation,""real investors only through ownership affirmation to exercise of shareholders’ rights "and" distinguish between internal and external relations, said "four kinds of doctrine. Then discusses the discretionary investment agreement, the company’s co-author of the characteristics and the existing implicit approval system for foreign investor hearing confirmed cases of qualification as a shareholder, and finally concluded that foreign dormant investment case hearing shall comply with the basic principles and qualifications recognized in shareholders’ elements.The third chapter introduces dormant investment with foreign jurisdictions and approval system relevant practical implications of the trial, obtained by analyzing the case of dormant investment by foreign-Intermediate People’s Court of jurisdiction. Meanwhile, this paper deal with China’s current approval system reform appropriate to retain rights to the examination and approval authority over to the Trade and Industry Bureau, the abolition of the generalized system of approval of contracts and foreign investment companies significant events change approval system, the dispute relating to the contract handed over to the People’s Court resolved through such reforms to weaken the influence of the trial examination and approval system with.Chapter IV of this paper to summarize results confirm dormant foreign investors as shareholders of the elements eligible cases (a) anonymous foreign investors invest in companies should be foreign;(two) anonymous foreign investors have actual investment;(three) foreign dormant investment company’s other shareholders agreed anonymous investor for the company shareholders;(four) in the existing approval system, the qualifications needed to confirm the consent of dormant shareholders approving authority consent;(five) Foreign hidden investor requesting an explicit name does not violate the claims of dormant investment commissioned by the agreement and the "Contract Law" and other laws and regulations. Also pointed out that foreign investment in case of dormant Intermediate People’s Court jurisdiction should retain the right to examination and approval of foreign approval, and cancel the contract approval and generalized major issues the company to change the existing approval. By summing up a view of the practice can be helpful. |
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