Research On Civil Liability Of Nominated Shareholders

The name refers to the shareholders, registered in the register of shareholders and the company registration authority for registration documents, but in fact not to invest people. With the deepening of China’s economic system reform, the active investment leads to all kinds of investment contract disputes is increasing. A, there are a lot of nominal shareholder disputes is in real life, however, China’s nominal shareholders lack of perfect legislative mechanism and management regulations. This study hope that through the reading of all kinds of documents and materials, drawing on the basis of domestic and foreign advanced legal theory, combined with the development characteristics of the domestic economy, concentrating on exploring the nominal shareholder and the actual investor legal problems, from the nominal shareholder of the connotation and denotation as well as the legal characteristics of concept of how to deeply explore the study on behalf of shareholders of the legal liability question of. To the limited conditions in finite time, and found to be improved.This article by layer from the nominal shareholder of the cause, the nominal shareholder of the legal status and legal characteristics, nominal shareholders qualification problem related legislation and theories such as aspects to analyze the nominal shareholder of the responsibilities of the post from the nominal shareholder and the actual investor legal concept and legal connotation. And from the nominal shareholder of the company’s legal liability, the nominal shareholder of actual investment of legal liability and nominal shareholders to the third party liability three levels to study various legal relationships involved in the name of the shareholder and bear the legal liability. The legal liability of the nominal shareholder and the actual investor is mainly based on the contractual liability for on behalf of shareholders agreement, in does not violate the mandatory provisions of the law, should be mutual respect for the autonomy of the parties. Therefore, the paper believes that the should be to strengthen the property management, public property, further standardize the refinement of the nominal shareholder name of specific provisions, perfect procedure of identification of the effectiveness of the nominal shareholder equity transfer contract and improve the recognition of Shareholder Qualifications Standard four aspects of nominal shareholders legal liability issues to improve.