Undisclosed Investor Shareholders That Qualification

The unnamed investors are the special group, which appear along with the establishment and the operation of the company .The unnamed investors' existence makes the company's internal and external relations ambiguous or even disordered, and brings a large number of disputes between the shareholders, or between the shareholders and the company, or between the unnamed investors and the nominal investors, or between the shareholders and the people who transact with the company. At present, since there aren't any laws, regulations, judicial interpretations about the unnamed investors, the court are becoming confused when they deal with the disputes, especially in the condition that the unnamed investors aren't realized by the else and that the relationship of implicit investment is complex. It also makes the disputes not be deal with effectively, or makes the disputes have completely different results. All the means will greatly undermine the authority of law and justice. In order to deal effectively with the disputes which the unnamed investors make when they invest in the implicit way, we must solve the problem about the recognition of eligible shareholders of the unnamed investors. Therefore, this paper will be a preliminary study about the recognition of the eligible shareholders of the unnamed investors. This paper is divided into three parts to explore the recognition of the eligible shareholders of the unnamed investors, as follows:The first part is on the definition of the unnamed investors. First of all, the part puts forward the concept of the unnamed investors, and on this basis that it reveals the general characteristics of the unnamed investors; Secondly, the part further defines the unnamed investors through comparing with "the hollow shareholders", "assumes a false name the shareholders" and "the free shares shareholders "related concept of comparison, so that it facilitates us to expatiate the object of the paper; Finally, the part divides the form of investment of the unnamed investors in the real economic life according to different standards . This is the basis of the recognition of eligible shareholders of all kinds of the unnamed investors in the main part of the paper.The second part is on the recognition of eligible shareholders of the unnamed investors. The part is the main part of the paper. First of all, the author cites the three main points of view that is on the recognition of eligible shareholders of the unnamed investors in the current academic and judicial areas. Further, through assessing these viewpoints, the author puts forward her own views, that is, we should recognize the eligible shareholders of the unnamed investors in according to the different implicit investment abiding by certain principles. Secondly, the author proposes the specific principles that we recognize the eligible shareholders of the unnamed investors, including maintaining the balance of interests of all parties, safeguarding the stability of the society's legal relationship, protecting a third person's interests who is with goodwill. Finally, the author divides various forms of implicit investment into circumvent the law implicit investment and non-investment circumvent the law implicit investment, what is the basis of recognizing the eligible shareholders of the unnamed investors through analyzing the cases. The third part is on the thought of the Legislative Council on the unnamed investors. In the part, the author analyzes the current conditions of the legislations on the unnamed investors, and the need for legislations on the unnamed investors to put forward the legislative proposals. Namely, I believe that, regardless of what the legislative approach is, we make law on the unnamed investors under the principles of the recognition of eligible shareholders of the unnamed investors. We make any law should include the following elements: 1. Affirming the conception of the implicit investment and the unnamed investors; 2. Acknowledging the effectiveness of the agreement on the implicit investment; 3. Establishing the system abiding by which the unnamed investors are voluntary to conceal his name or reveal his name; 4. Establishing the system of protecting a third party who is of goodwill; 5. Establishing the system of the registration about the unnamed investors.