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The Privacy Of Civil Liability Of Shareholders

Posted on:2013-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:T MengFull Text:PDF
GTID:2246330374470476Subject:Law
Abstract/Summary:PDF Full Text Request
Cain stockholder of the sort of partnership, its roots in the allocation of resources and business interests to pursue the maximized essence, Because undisclosed investors far less risks than suggest investors. In spite of its assets to relevant laws and regulations of the relevant provisions of the shareholder’s qualifications of its status will not get law recognizing and protecting the rights of others may have been infringed, but cain investor’s still an increase in quantity, in china, effective standard sort of investment, we should effectively protect the lawful rights and interests of shareholders of cain, cain stockholder effective and should be avoided at all risks, both theoretical problem of law, legal practice, therefore, this article is limited liability company. Undisclosed investment issues related to deeper legislative purpose, legislative technical and policy direction on how fundamental solution cannot be done overnight. In economic internationaliza-tion of the background, how to make china’s existing laws, in particular the field of commercial law and international towards good convergence, upgrading of domestic and foreign investors’enthusiasm for investment, is definitely worth scholars concerned about the issue. The division to help this, is divided into four chapters. The first chapter " undisclosed connotation definitions " of shareholders. This chapter from the concept of my undisclosed shareholders, classification and formation, legal identity and defined standard four aspects expounded china’s undisclosed basic connotation of shareholders.The second chapter" China’s dormant shareholders legal status analysis". With our current laws of dormant shareholders, analysis of dormant shareholders legal status. Taking the" three" company law judicial interpretation from the perspective of thought"," explained three" only in the technical specifications of the method to the practice has already exposed dormant shareholder problem to respond, so it is not from the entity of real dormant shareholders of the legal relationship between the nature and legal status to be very clear determination of dormant shareholders, resulting in a more embarrassing legal status, behoove is in a particular case is particular analysis brings endless value choices of mire, and this will also practice department of dormant shareholders problems brought about new problems.The third chapter" dormant shareholders of foreign legislation" briefly introduces the Anglo-American law system and continental law system of dormant shareholders present legislative situation.The fourth chapter" China’s dormant shareholder’s civil liability", based on the dormant shareholder’s presence will give the corporate governance and supervision bring unstable factors, easily lead to circumvent the law caused by shareholder qualifications and even company legal personality denial and other situations, combined with China’s relevant legislation current situation of company of dormant shareholders, there is need a comprehensive understanding of the shareholders of the company anonymous investment exists when the legal relationship, in this chapter, focuses on the analysis of dormant shareholders and the nominal shareholder, dormant shareholders, shareholders and company and other shareholders, the shareholders and the bona fide third party between civil liability.
Keywords/Search Tags:dormant shareholders, legal status, legislative status, civil liability
PDF Full Text Request
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