The Study On The Rights Protection Of The Implicit Shareholders

This paper is about the protection of implicit shareholders. By analyzing the implicitshareholders’rights and lack of existing legislation in China, this paper presents a numberof recommendations.In the first part of this paper, we analyze the concept of implicit shareholders,characteristics and classification. And at the end of the first part,we discuss the specificrights of implicit shareholders.The second part introduces the legislation and the legislation of implicit shareholdersin practice. Judicial practice is the sole criterion to test the legislative success or not.Through typical case analysis, we can draw on existing laws and the way of reflection.The third part is the analysis what is made on the basis of the foregoing institutionalreconstruction. Get inspiration from the existing deficiencies in the legislation, and finallypresented to reconstruct the mechanism of protecting the shareholders rights.Generally speaking, for protecting their rights, the implicit shareholders should get thecertificate of the named shareholder and more laws and regulations should be completedon the concept, the investment agreement, the certificate standard and the protectionmethods of the implicit shareholders.