Study On The Legal Issue Of Anonymou Investment

This paper try to analyses the issue of identify of the status of shareholder in the case of anonymous investment, start from the study of the legal meaning of anonymous shareholder and the type of anonymous investment, and based on the study of the recognition principle and certify form of the status of shareholder,and also study the legal effect of the agreement of anonymous investment. Further, discusses the related legal issues of the company's establishment effect and treatment of shares of the anonymous shareholder.This paper includes four chapters:Chapter 1: Because of there is no law-making stipulation about the anonymous shareholder and in China, when do e research on the related legal issues about the anonymous investment,we should make clear the legal meanings of the concept of anonymous shareholder. This paper study from the definition of the anonymous shareholder from the theorists and practitioners, laid the groundwork for the research of related legal issue in the below text. Besides, discuss the types of the anonymous investment, laid the groundwork for the use of related concepts in the below text.Chapter 2: Study from recognition principle and certify form of the status of shareholder, then discuss the identity of the status of shareholder in the case of anonymous investment. About the identity of the status of shareholder in the case of anonymous investment, this paper discuss the legal effect of the agreement of anonymous investment, based on the research of viewpoint from the academics and practitioners, legislation of China and legislation and practice of foreign countries, then make a judge about the issue of identity of the status of shareholder by anonymous investment.Chapter 3: Analyses the legal effect of agreement of anonymous investment from two aspects, one aspect is agreement of anonymous investment at the aim of in fraud of law, and the other aspect is agreement of anonymous investment not at the aim of in fraud of law. Furthermore, make a judge about the issue of legal effect of the agreement of anonymous investment.Chapter 4: Based on the research of the viewpoint of the academic and actual practice, foreign legislation and practice, discuss the issues of the company establishment effect under the circumstance of the anonymous investment at the aim of in fraud of law, and then comment on all kinds of specific conduct of anonymous investment appear in the real life .