An Analysis Of The Related Legal Problems Of Anonymous Shareholders

For a long time, there are a large number of dormant investment phenomenon in China’s investment company, in recent years due to the dormant investment disputes frequently occur, although the "company law judicial interpretation (three)" meet the practical demand, recognized the legitimacy of dormant investment, and the protection of the interests of the shareholders, but for dormant shareholders the nature, status, constitutive requirements, the legal consequences of the lack of clear rules, make the judges in different areas, apply the relevant laws and regulations in the similar cases, have different decisions, the referee is not a scale, large differences exist on identifying the parties, stakeholders rights, obligations.Firstly, This paper mainly expounds the concept, legal characteristics of dormant shareholder, and This leads to promulgated background of "company law judicial interpretation (three)".Secondly, according to existing laws and related judicial interpretation In China, the legal disputes concerning qualification confirmation of dormant shareholder、ownership of stockholder’s rights> equity transfer between dormant shareholder and stockholder or dormant shareholder and the third party outside the company are systematically studied.Finally,through analysing typical cases of China’s courts in recent years and rules of adjudication of Supreme People’s Court Established in trial case course of dormant shareholders, summarize and analyse basic position of handling dormant shareholder disputes,point out gains and losses, in order to provide the appropriate guidance program for Judicial practice of company law.