Research On The Legal Issues Of Dormant Shareholders In The Limited Liability Company

With the reform and opening-up advancing to the company as a carrier system booming investment and financing activities, which led to the level of dormant companies involved in shareholder disputes abound. As China’s company legal legislation started late, some system design company is not perfect, which led to the phenomenon of hidden shareholders, although there are a lot of objective has as yet unresolved. Issues related to hidden shareholders has been a hot topic of discussion theorists. Until the Supreme Court issued a "Supreme People’s Court on Several Issues Applicable Law judicial interpretation of the three" only so that part of the legal issues involved in the dormant shareholders to be resolved in the judicial level, but given the low effectiveness of the judicial interpretation of the law, itself not perfect, so how to solve the anonymous investors’ interests, protect the legitimate rights and interests of shareholders implicitly balanced hidden shareholders, significant shareholders, the company and its creditors, it is still important.This paper consists of three parts(except introduction and conclusion): The first chapter is an overview of hidden shareholders, including the concept and features of anonymous shareholders, causes hidden shareholders, rationality hidden shareholders and its drawbacks. Chapter two legal issues related to subjects between hidden shareholders and other related main body. Including the relationship between hidden significant and significant shareholders;hidden shareholders and the company;shareholders and creditors of the company. The third chapter is to improve our shareholder-related issues implicit suggestion, this chapter discusses the relevant provisions of the relevant provisions of the common law and civil law and corporate law judicial interpretation of the three, and then put my personal additional recommendations.