Font Size: a A A

Study On The Identification Of The Actual Investor Shareholder Qualification

Posted on:2014-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:W G MaoFull Text:PDF
GTID:2256330425472425Subject:Law
Abstract/Summary:PDF Full Text Request
In commercial practice, company invested based on the consideration of a variety of reasons, more and more inclined to anonymous contribution to the company, that the actual contribution actual contribution, according to the company’s external publicity documents others. Involved in the anonymous contribution to the interface between the rights and obligations between the many subjects as well as company law and contract law, so that the anonymous contribution has been a topic of academic debate and controversy. Some scholars said, in essence, for explaining the legal status of the anonymous contributors, scholars have tried to use proxy mode, trust mode to adjust existing legal system and explain the legal relationship involved in the anonymous contribution and the difference in the form. Anonymous contribution also attracted the attention of our lawmakers and judges around the High Court promulgated hearing advice about how to deal with the contribution of anonymity, the Supreme Court issued a2011Law judicial interpretation "devoted to hidden name funded provisions have been made. Can be found, although they are purposes of anonymity funded specific reasonable explanation of some of the issues or requirements, but on the whole there is a certain lack of analysis of the above theory and legislation. In this paper, the anonymity funded basic theory of the sort, clear the connotation and extension of the anonymous contributors were to be, for example, and comments on the above theory and legislative norms, sum up the problems of anonymous contribution. At the same time put forward in processing anonymity funded to distinguish which contains the relationship between contract law and company law relationship, said form the basis of the contribution of the anonymous contributors behavior into the range of adjustment by the Companies Act to give contribution to the company law of the rights and obligations of anonymous contributors are not shareholders of the Company, but the right to request a change for the company’s shareholders with the company’s contribution, corresponding to bear the responsibility of accurately funded and under certain circumstances Disregard of Corporate Personality. Finally, the anonymous investor qualification as a shareholder lawsuit nature, conditions and rules of evidence were discussed.
Keywords/Search Tags:Anonymous Shareholder, Nominal shareholder, Qualification ofShareholder, Confirmation Sui
PDF Full Text Request
Related items