On The Anonymous Shareholders

Whether the hidden shareholders should have the legal norms. What about its legal characateristics and identityof. What should be done with it in the practice? In a limited liability company, the disputes often appear among hidden shareholders and significant shareholders; hidden shareholders, significant shareholders, the company and other shareholders; hidden shareholders, significant shareholders and the third person, the company and other shareholders. In real life, the above things are very common. This paper is written based on the situation. This paper attempts to study the basic theory of hidden shareholders, legally analysis the qualification of shareholders and related legal relationship of hidden shareholders, study the legislations of the different legal systems of countries and regions, to answer the problems in the theoretical research and trial practice, end benefit our country law-making about the hidden shareholders.This paper is divided into three parts to research hidden shareholders and related issues. The content is as follows:The first part majorly studies the hidden shareholders basic theory. Implicit of civil legal action, hidden in civil legal relationships, hidden shareholders concept and characteristics of the analysis, obtained : If anonymous actors corresponding capacity, said its true meaning, the act itself did not violate the law or social welfare. Abel name acts can have legal effect. Under normal circumstances, as long as implicit civil actions are consistent with the legal elements of the general effective, it is legal. and the parties can achieve the expected legal consequences. Based on Hidden civil legal action, the civil subject between certain civil rights and civil obligations. Hidden Investment and hidden shareholders of anonymous civil legal relationships in which social life is important it is (?)ecessary to strengthen the legislative work. By anonymous shareholders with undisclosed investment and hidden partnership, the name of shareholders, and Air Shareholders, and other relevant concept of comparison, identify the anonymous shareholders the basic content of the specific content below laying of the foundation.The second part detailed analysises the related hidden shareholders legal issues and deals with the real world problems. Expounded on the qualification of shareholder and anonymous shareholders legal status. Shareholders is the acquisition and exercise of shareholder rights and obligations of shareholders. Limited liability company shareholders qualification as a company law is often heard cases involving the issue, China's current company law system is not yet perfect, and the shareholders eligible for the specific standards and are no clear rules, Promoters in the process of setting up a company registered as a shareholder acts is located right in the end the right to conduct or permit sexual conduct and is not clear, leading to judicial practice to deal with such disputes are disagreements, not unified. I think the hidden qualification as a shareholder can not be lumped together, we can not simply deny, but also not completely sure, meet the different circumstances of the case, treated differently. Implicit shareholders involved in the dispute, we should adhere to the "double standards differentiated "Companies in principle and hidden in investors not directly on behalf of its shareholders to exercise their rights. Investment in human significant shareholder; Unnamed direct investment on behalf of its shareholders to exercise their rights to undisclosed investment in human shareholders. Part It also detailed analysis of the hidden shareholders legal relationship Implicit shareholders, including significant shareholders and the legal relationship between concealed shareholders significant shareholders and the company and other shareholders of the legal relationship between concealed shareholders significant shareholders and the third between the legal relationship. Formalism and substantive rules in dealing with the rules of anonymous shareholders and significant shareholders of both legal relations with special emphasis on If isolated uphold a rule, is biased.The third part brings a complete set of legislative proposals based on the implicit shareholders on the status of legislation in the system. In this paper, the "Company Law" nissing implicit right of shareholders to the highest legislative and judicial preference analysis My recommendation should further improve the legislation. Implicit in establishing a system of shareholders is a reality of life and judicial practice, For the objective existence of the need for legal regulation of social relations, legislation should not be evaded but must be promptly clear, be necessary norms to guide and regulate. We established by the shareholders implicit system itself as a legitimate, legal companies to circumvent the undisclosed investment to illegal acts, Implicit shareholders is not the content but also in civil law, administrative law and other related laws are rejected. This is conducive to enhancing people's enthusiasm for investment, to a greater extent to absorb idle funds for the production; operators to ease the pressure of demand for funds, and promote economic development; also with the freedom of contract principle of the rule of law. If the hidden investment will be taken a negative attitude, not only failed to have protected the legitimate rights and interests of parties, respect the patient's autonomy, and in some cases will encourage undisclosed investment in the business of advocating withdrawal bad investment, an attempt to evade its commitment to operating risk culture. (?) should be a distinction between the actual situation, the violation of the law is not a mandatory requirement, Without prejudice to the community and the interests of third undisclosed investment affirm its effectiveness, of a violation of the mandatory provisions of law can be considered null and void undisclosed investment.In Company Law, my view against undisclosed investment and hidden in the shareholders can consider increasing the contents could include : (1) Identify hidden in the concept of shareholders; (2) Recognition undisclosed investment effectiveness; (3) The establishment of hidden hidden shareholders of the right to freedom; (4) The establishment of the shareholders list Company registration documents and other records shareholders name of the legal document the nature of the document certifying authority; (5) The establishment of shareholders against the company roster of the effectiveness of the transfer of shares without shareholder roster for reregistration, not confrontation companies; (6) Establish qualification as a shareholder of the company is not tracked behavior of the system; (7) The establishment of the protection of bona fide third parties system.