Research On The Identification Of Dormant Investor’s Shareholder Qualification

In the company of limited liability,the shareholder qualification of dormant investor has always been a difficult and hot issue,and the resolution of this problem can lead to other company’s dispute.However,the lack of legislation and the judicial interpretation’s indeterminacy give rise to the problem that the shareholder qualification of dormant investor is uncertain and the dormant investor’s rights and interests can not good protection.Based on this,The author discusses the existing research results and makes a deep analysis about the shareholder qualification of dormant investor.The author want to find the specific methods about identification of dormant investor’s shareholder qualification in order to provide beneficial reference for China’s company legislation and practice.This article mainly from the following four aspects of the problem are discussed in this paper.Firstly,this paper analyses dormant investor’s basic theory firstly,including dormant investor’s concept,characteristic,causes,classification,other related concept comparison and the significance of studying the problem.Secondly,this paper comments the theories of the identification of dormant investor’s shareholder qualification including substantial elements, formal elements and distinction between inside and outside elements.On the basis of analyzing the advantages and disadvantages of the above three kinds of theories,the author puts forward the fixed form theory and raises the view that the identification of dormant investor’s shareholder qualification should be admitted under certain conditions.Thirdly,this paper analyses the relevant theory and legislation about the identification of dormant investor’s shareholder qualification at home and abroad. Foreign legislation mainly consist of the the United States, Britain, Australia, Germany, Japan and South Korea and so on.Then the author analyses our country’s relevant law,especially the third company judicial interpretation of the the supreme people’s court and points out its shortcomings.Lastly,this paper perfect suggestions of the identification of dormant investor’s shareholder qualification,including some basic principles,the specific methods about the identification of dormant investor’s shareholder qualification,and judicial interpretation of the the supreme people’s court.