The Identification Of The Qualification Of Dormant Shareholder

The investment field has experienced a prosperous period since the reform of marketeconomy of our country.The corporations are becoming the major part of the market. Withthe establishment of the company system, there are some kinds of complicate andtroublesome dormant investment behaviors emerge, however, no provision can be used todeal with the said problems even with the enact and subsequent revise of the CompanyLaw of China. Therefore, there are different kinds of debates among the academic circle.In order to solve the problem raised by the dormant investment,some scholars onceproposed to solve the problem by raising different kinds of theoretical basises, includingthe theory of essence, the theory of modality and the theory of compromise. It seems that itis essential to discuss the issue of the qualification of the dormant shareholders which mayoccur in the dormant investment. This dissertation will state the relevant issues of thedormant shareholders by demonstrating its definition. Further, this dissertation will focuson discussing and commenting the mentioned theories of the identification of thequalification of those dormant shareholders. Then, pointing out the disputes raised by theindentification the qualification of dormant shareholders by introducing three cases. Thisdissertation aims to find out the defects of the legislation and make some suggestions at theend of the dissertation by analysing the Supreme Court judicial interpretation3of theCompany Law of China.