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Research Of Anonymous Investor Legal Issues

Posted on:2015-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:H WenFull Text:PDF
GTID:2266330422470105Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the social and economic development, the form of dormant investment alsoshows a rising trend in the aspect of companies shares and capital contribution with thebusiness development. At the same time, the form and content of disputes are more complex.Therefore, China’s “Company Law” has been committed to the exploration of solving thecontradictions and disputes, but during the practice, many new problems have appeared. Bothdenial and approval for this problem are not conducive to the balance between the interests ofthe parties, so to find the best solution and the resolution mechanism has been the focus ofacademic and practical circles.This thesis starts from the characteristics of dormant investment concept, researches thepresent situation of the law regulating, internal and external legal relationship classificationand responsibility, and also combines with the the relevant contents of “Company LawExplanation (Ш)” and refers to foreign feasible solutions, and then the author puts forwardown proposals.This articl also affirmed the effectiveness of dormant investment contractagreement and the handling of internal relations with the protection of bona fide third partiesAt the same time, the thesis analysis the legal relationships of anonymous investmentwith significant contributor,corporations,and creditors. And the relationships we discussedabove, are the basic legal theories for the problems followed.In order cope with the risk of dormant investment and settle disputes,the principles oflegal sources of funds, security benefits,protection of third party should be followed. Also thethesis focus on equity trust registration,Disclosure of information in the process of trustmechanism introduced.
Keywords/Search Tags:dormant investment, Dispute resolution, Trust system
PDF Full Text Request
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