| Anonymous investment refers to a legal phenomenon that investors provide fundsfor their shareholdings according to contracts while their names are not recorded incompany registration documents, and nominal shareholders in company registrationdocuments are not real investors. Anonymous investment is the result of marketeconomy．On one hand, it caters to the need of profits of investors．On the other hand,it has caused many disputes, especially legal disputes, because it is short of relatedregulation. Relating to the legal dispute of anonymous investing，it is most importantto resolve the dispute of identifying the shareholder status for the reason that it is theprecondition of resolving other problems. Through provisions of the supremepeople’s court on several issues concerning the application of the company law of thepeople’s republic of China (III) has regulations on anonymous investment, Chinadoes not explicitly stipulate the qualification rules of undisclosed contributionshareholders.With the development of market economy, this phenomenon has causedmany problems and disputes which the present law cannot deal with.With deep concerns over this phenomenon, this paper first gives introduction to thedefinition, forms and classifications of the implicit shareholders. And then the authoranalyze the viewpoints of the related academic field. Considering the legal conduct ofthe anonymous investing as the point of view, the author believe that we must try tokeep the stability of company construction and balance the benefits of each group.This paper dwells on who owns the right to claim identifying the shareholder statusand explain the reasons．Personal opinions on certain provisions in the revision ofcorporation law are provided and some suggestions to clear definition of anonymousinvestment in both legislation and judicial interpretation are raised in this paper, in thehope of offering some help for related legislation work in our country. |
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