HeMou,V. Zhuhai Municipal Post Office Dormant Investment Case Legal Analysis

HeMou, v. zhuhai post office case is a typical of dormant investment dispute. In the case, HeWenJing229people including the zhuhai is the post office worker, in order to zhuhai post office in the name of huadian power to shareholder investment co., LTD. Caused by disputes after a lawsuit is brought to court, the court through mediation case way. The case of the dispute focus problems such as why some people have to zhuhai post office in the name of the purchase of shares and HeMou etc and the zhuhai municipal post office, zhuhai jida zhuhai branch post office post and telecommunications, before the post office mountain post and telecommunications branch of the nature of the legal relation between. Is dormant shareholders of investor qualifications in the academic circle, there must be said, negative and compromises three kind of theory, our country legislation disbranch said point of view, and regulations based on the fact that the actual investor capital and capital contribution of the contract agreed to the nominal contributor claim, the claim can get the support of the court; The actual contributor to the actual fulfill their obligations for requirements changes of shareholders, in the list in the write their name or require the company to issue a capital contribution certificate, the recorded in the articles of association of the company, it may be necessary to company other shareholder half of the agreed to. Is dormant contributor and show the relationship between the name investors concerned, shall be between the principal-agent relationship, show name contributor based on dormant investment agreement and obtain the agency, in their own name to participate in investment, investment income from interest name all investors. Based on HeMou, v. zhuhai post office a case analysis of the focus and get conclusion after, further extensions research field of vision, the dormant investment of the current situation and dormant investment dispute processing rules are discussed, and puts forward Suggestions about dormant investment matters of the legislative proposal and guard against dormant investment risk action.