The Study Of The Identification Of Actual Investors’ Shareholder Qualification

Actual investor is an important subject of investment in corporate practice. Actualinvestor is also called dormant shareholders by some scholars in the academia. What kind ofsubject is the actual investor? Actual investor is someone who gives the actual contribution offoreign dormant, but does not have the actual rights as a shareholder in the company. What isthe relationship between the actual investor and the company? The actual investor is theshareholders of the company or not? This is a legal issue that involves the qualification ofshareholder.This thesis is developed base on case analysis.Combined with the latest regulations of The Supreme People’s Court Concerning theApplication of Company Law of the People’s Republic of the Provisions on Several Issues (3)(Hereinafter referred to as The Company Law Interpretation Three), this thesis conducts adetailed analysis of the legal issues of the qualification of shareholder using the shareholderqualification confirmation dispute case of Mr Qiu as a example. The topic of this thesis is TheStudy of the Identification of Actual Investors’ Shareholder Qualification. This thesis isdivided into four parts.The first part is introduction of the case. This section introduces basic details andjudgment in Mr Qiu’s shareholders qualification dispute case.The second part is a summary of the cases focus. Through the analysis of the case, theauthor sums up the two disputed focus: First, is Mr Qiu the actual investor or not? Second,does Mr Qiu has the qualification of shareholder? This case is a typical case of identificationof actual investor’s shareholder qualification. This case needs to judge the Mr Qiu’s identityand whether he has shareholder qualification. The case of the key is to decide how to identifyshareholder qualification of the actual investors’.The third part is a demonstration of the basic legal theory which this case involved andits analysis. This part discusses the identification of the actual investors and their qualificationas shareholders. The author sums up the identity of the Mr Qiu by analyzing the standards asthe actual investor. First of all, in order to correctly analyze the standards of the actualinvestor, the author puts forward a clear definition of the concept of the actual investor.Secondly the author summarizes the characteristics of the actual investor. Then, the authorcarries on the reasonable classification of the actual investor. At last, the author explores the difference between the actual investor and its similar concepts. As for the Identification of MrQiu’s shareholder qualification in the second focus of controversy, the author thinks Mr Qiucan de identified as shareholder as long as he is qualified for three conditions. In order tocorrectly identify the actual investor Mr Qiu’s shareholders qualification, the author firstlyanalyzes the qualification of shareholders, and then the author analyzes the main doctrine ofidentification, once again the author introduces the insufficient legislative situation in presentof identification actual investor’s shareholders qualification, finally the author sums up theconditions of actual investor’s shareholders qualification. Some actual investors are come intobeing as evading law. After summarizing the conditions of actual investor’s shareholdersqualification, the author analyzes the actual investor’s shareholders qualifications that areagainst laws.The fourth part is a conclusive part. This part is mainly to summarize the above. At thesame time, according to the above analysis of the case, this thesis gives some suggestionssuch as how to identify actual investor’s shareholders qualification in a better way, how todecrease the disputes of actual investor’s shareholders qualification and so on.