Legal Regulation And Legislative Perfection On Anonymous Investment

Anonymous investment of a limited liability company was originally regarded as anon-legal advocacy equity arrangements, it is difficult to get the pre-built templates ofregulation in statute law system, however, the concept of autonomy of private law alsogives the anonymous investment arrangements the space of development, the paper relieson "judicial interpretation of the Act III", trying to building system bridge betweenAnonymous investment and trust system.With a targeted case, the paper begins to demonstrate anonymous investment due tothe lack of mature legal mechanisms as a support, resulting in unfavorable situation ofcompeting for the management of the company, to clarify the different legal basis ofanonymous investment, the author contrasts analytic approach of different legalsystems for equity arrangements to select anonymous proxy system asthe best funded analysis of samples, conflict with the appearance of the commerciallaw to deny the feasibility of using proxy mechanism as legal basis of anonymousinvestment, to convert to the union of anonymous investment and trust, and using theequity trust as the system of crystallization of the two links.Based on the theory of implicit trust, analyze disputes of anonymous investment again,found no longer rely on definition of the concept and regulation of legal norms, relying ontrust system to conduct law adjustment of property investment and property protection, toachieve the transformation based on trust system of anonymous investment, theauthor analyzes the different applicable premise and applicable way to concrete ofthe express trust and constructive trust, and simply explains the rights and obligationsof the parties based on trust, finally, from the two aspects of the framework itself ofanonymous investment and foreign effect of the registration, puts forward somesuggestions of perfecting the anonymous investment regulation, in the situation of equity trust not being perfect, it is recommended to strengthen the claims of actual investor.