| As for judicial practice, the ways to protect dormant shareholder is a hitproblem,but difficult to solve it.There are there schools of thought that can be reflexs in current laws:1,Emphasize the importance of the registration of public notification,the folksshould gives credit to apparent shareholder, because the dormant one give it up ontheir own will.2,Shareholder’s right can be part into property right and administrative right, butproperty right is a key for recognizing a shareholder.so dorment sharehoder should berecognized in a proper way.3,The theory of independent suggest that we should distinguish the identity ofdorment shareholder into two situations; for external transaction，we should dependon the registrations of corporation rather than the realities.Conversely, for externalexercises,it depends on who fufilled the proportion of capital.In conclusion,each theories stands on their point of will for their benefit. forexample the wrangle between Anglo-American Legal System and Continental legalsystem.As the formation of society and opening policy,the phanomenon of streaming ofcapital is at large.it may a opportunity if supervise in a good way.otherwise,it maylead to economic bubble. The game of persuing profit and breaking the law bring theexistance of shareholding agreement.Regretfully，effective way to solve those problem is missing, So it’s worthwhilefor us to find it.In viw of this, according to current law and cases,we put our focus on followingproblems; 1,how dormant shareholders propose their rights on apparent shareholder.such asin criminal responsibility.2,how dormant shareholders propose their rights onfictitious person.3,the risk prevention for dormant shareholders.4,cognizance ofdormant shareholders... |
