The Ease Analysis Of The Inheritance Issue Of Limited Liability Company Hidden Shareholder And Equity Interest

The number of dormant investment increase gradually recently which leads to the dispute on many sorts of dormant partners'interests continuously and it is hard to resolve. Along with the problem of inheritance of dormant partners from limited liability companies, it tends to be confronted with new confusion and interrogation. On the one hand, the concept of dormant partners is not defined clearly by law, and how to define it is still a controversial issue in the academic world. On the other hand, the provisions about stock equity in the Company Law seem to be abstract and imprecise, which results in a situation that the legal professionals and academic world both different view about that and fails to achieve uniform standard. Under this circumstance, it is hard to refer accurate legal basis and relevant fundamental theory. The core of this article is to try to find reasonable solution to resolve the inheritance about dormant partners'stock equity by using case study and integrating theory with practice. On the basis of this, the author hope a reasonable legal system can be established to handle with the complicated dispute about the silent investment in order to regulate the market economy.This article can be divided into four parts,about 20000 words in total.The first part deals with the original intention of writing and explains the reason why this problem is analysed. Firstly, it is a general introduction about adaptation case and the focuses on the key problems. Then, after an analysis on it, the relevant problems on how to define it clearly will be introduced.The following part is to expound and prove the shareholders'qualifications. In the first place, after determining the shareholders'nature, qualifications and the relationship between them, it produces a basic prerequisite about the shareholders' right confirmation generally. Along with this, it can clarify the standards about shareholders'qualifications and provide the reference standards and value orientation about relevant disputes.Part three is the key part to deal with the dormant partners'right confirmation and is also key and difficult problem of this article to straighten out. Through the interpretation on the basic and denotative concept about silent shareholder, it can be obtained the nature of silent shareholder. Referring to thoughts about the issue of dormant partners in the present law, theory and practice, along with the consideration about the mainstream versions, thoughts about how to define the dormant partners can be provided.The last one is the illustration and analysis about the inheritance of stock equity of dormant partners. It gives a review of stock equity and analysis the standardized stock equity's inheritance at first. Then, according to the previous conclusion and standards about shareholders' qualifications, it discusses the requirements about dormant partners' stock equity inheritance. Following that, the way in which dormant partners' stock equity can be inherited will be established. Hopefully, it will provide some theoretic support in the same or similar subsequent cases.The author of this article tries to find the generally instructive rules and specific ideas about the dormant partners' qualification and stock equity inheritance on the basis of case study and plus the overall analysis about theory and legal practice.