Theory Of Anonymous Contributors Of The Limited Liability Company Shareholders Qualification Discussed

The qualification of shareholders in limited-liability company relates to the investors` right configuration and the burden of responsibility in the company which is a junction point of the legal relationship about corporation running. Although the 2005 Corporation Law has made a further provision on the issue on the basis of the original, it still seems the problem of shareholder qualification not yet been completely resolved. Moreover, because of the long-standing irregular practice of the company operations, anonymous investors have been popular for a long time, and there is no uniform standard on how to identify their shareholders qualification in the existing law .To a certain extent, the confusion caused by the administration of justice, is not conducive to the normal corporate governance. This article attempts to analyze this issue in four parts. Several domestic typical cases of anonymous investment will be discussed in the first part. For what is"anonymous investors", China's current Law does not have a clear concept, as well as mainstream textbooks and works do not have a consistent definition. As a shareholder and the shareholder rights are related concepts, the second part will focus on the rights that constitute ownership and empowerment etc. to clarify the identity of anonymous investors'question. However, the anonymous investor issues is not merely an abstract legal discussion, it comes from practice, and should return to practice. Therefore the third part will be analyze two paths,which can solve the urgent need to address the practice of anonymous investors and the confirmation of the shareholders. In the meantime, the extraterritorial approach will be investigated. The fourth part is "more than theory". Although this part is on the edge of this article`s focus, it is still important, and it may seem redundant but necessary in fact.