Research On Legal Issues Of Anonymous Shareholders

With the establishment of China’s economy and the continuous development of the company system, dormant investment caused by all kinds of disputes are more and more, the case has become more and more complicated legal status and qualification and other disputes of dormant shareholders large sues to the court. At present, China’s laws and regulations and judicial interpretation of dormant shareholder’s qualification as a shareholder to and dormant shareholders equity transfer has not yet been made clear provisions identified.Only judges in the judicial use discretion to distinguish different cases thus put forward the corresponding solution. Thus, the formation of the dormant shareholder legal application of referee scale is different, the judgement of the confusion situation.Should establish a perfect legal system to regulate the dormant shareholders perfect? Should there be a complete legal system?Should there be a perfect judicial process?In this at the same time, the theory circles concept of dormant shareholders, shareholder qualification of dormant shareholders identified standards are divergent, but the solution other and dormant shareholder disputes related issues and need based on the reasonable qualitative basis. Therefore, it is necessary to establish a set of dormant shareholders legal system to clear of dormant shareholders concept, rights and obligations, and shareholder qualification of the identified standard, to the circles of theory and practice correctly handle the disputes to provide a legal guarantee, ultimately make the company can be normal operation.This paper mainly from three on dormant shareholder qualification confirmed cases of probed into theory of the system, and then to the perfection of the laws and regulations. The main contents are as follows: the first part: the case of dormant shareholders related three cases were explained and sorted out the focus of controversy in this case by induction on the case of disagreements. The second part:with the help of the definition of dormant shareholders, dormant investment agreement with the loan agreement and the discrimination of dormant shareholders significantly and dormant shareholders equity transfer effect of legal principle theoryof law analysis, for three cases are analyzed, and then draw a conclusion of the research.The third part: through the analysis of the case, we get the enlightenment,and analyze the existing legal defects in our country and propose to establish a set of legal system which is matched to it.