The Preliminary Study On Legal Problem Of Dormant Shareholders

With the continuous development of economic, the phenomenon of dormant shareholders has caused a wide attention of public. Although the system of dormant shareholders has not been clearly established the, it also not be banned. So it has left some space for dormant shareholders. However, in the practice, dormant shareholders often cannot prove that they are real obliges, their rights and interests are difficult to protect in the premise of falling to publicize. Once a dispute, it is hard to realize the rights of dormant shareholders. Therefore, to make the concept, confirm the qualification, clarify the rights and obligations of dormant shareholders and clear of dormant shareholders legal responsibility to solve the practical problems of dormant shareholders will play an important guiding role.The current legal system of dormant investment is deficient with related legal system. Given the limited occurring in the dormant investment behavior is more universal, its legal relationship is relatively complex, the author thinks that it is necessary to its legal relationship makes a detailed analysis and discussion. Capital and hiding is the basic attribute of dormant shareholders, the concept of anonymous shareholders can be stated as:to enjoy the rights of shareholders for the purpose, and others consensus or agreement, borrowing another name of actual investment, and in the register of the shareholders, the articles of association of the company, industrial and commercial registration records as other investors.Dormant shareholder is the needs of the times product. Its behavior conforms to the principle of the autonomy and the parties and it is beneficial to improving public investment enthusiasm, promoting economic development, thus needs to establish the legal system of dormant shareholders. Dormant shareholder qualification is the core of legal system, and that its practice standards should include:to become shareholders in accordance with the law, the true meaning of subscription, exercise equity and bona fide acquisition priority; and in relating to the dormant investment disputes with the unnamed investors identity disclosure, and is involved in numerous internal and external legal relationship inevitably facing the adjustment and the reconstruction.