The Research Of Transferring The Stock Right Of Dormant Shareholders In Limited Liability Company

This thesis mainly discusses problems concerning dormant shareholders and transferring the stock right of dormant shareholders in limited liability company, combined with the basic theories and practice situation. Currently, dormant shareholders are widespread in market economic activities for various reasons. In this situation, registration in the relevant documents of the company’s external publicity is not consistent with the actual funders. This situation does not meet the principles of commercial law, publicity doctrine and appearance doctrine. It easily leads to disputes, especially relates to the third person. Dormant shareholders or nominal shareholders transfer their stock right unauthorizedly is easily leads to disputes. This situation reflects the complexity of anonymous investment. This kind of disputes not only involve in Company Law’s regulation but also need to affirm dormant shareholder’s qualification. In addition, dormant shareholders and nominal shareholders cannot be separated, the relationship between dormant shareholders and nominal shareholders is the unity of opposites. Consequently this thesis combines with the nominal shareholders’case, starting from the relationship between dormant shareholders and nominal shareholders, analyze dormant shareholders’problems.The author believes that the situation that dormant shareholders and transferring the stock right of dormant is prevalent in current judicial activities. We should adhere to the basic principles when faced with such a problem, combined with the actual situation at the same time. Illegal dormant shareholders not only should not be recognized for, but also should be some punishment according to the actual situation. Those who be forced to become dormant shareholders should be considered its identity appropriately.In dealing with the problem of transferring the stock right of dormant shareholders, firstly, we should recognize the identity of dormant shareholders. Although the case of dormant shareholders is special, it should conform to the general rule of law. We should consider every stakeholders’rights and interests, handle with contradictions properly. This article also incorporates the case of transferring the stock right of dormant shareholders, I believe we can learn to cases when deal with such issues. To sum up, this thesis joins the theory and practice and finds problems in practice, meanwhile proposes the methods to solve problems. Although problems concerning dormant shareholders are complex and difficult, author word hard to solve problems in order to give some advices to the judge.