A Legal Study Of Trust In Anonymous Investment

Under China’s current economic development situation, the economic phenomenon of anonymous investment has been very common. For various motives, hidden shareholders hope to conduct significant shareholders to achieve the intended purpose by reaching consensus in anonymous funding agreement. But some contradictions and even legal disputes maybe arise between hidden shareholders and significant shareholders or anonymous investor relations parties and the third party or company because of the dormant investment’s unconventional state practice. However, our law does not provide an unified solution ideas, neither do scholars form a unified point of view for these problems. This led to the referee difficulties. But anonymous financed is in favor of corporate financing and economic development. At the same time, it is also a manifestation of civic autonomy. So it is necessary to propose a fundamental way to solve such problems or ideas as soon as possible in order to achieve fairness and justice in law. By comparison and research, trust in design ideas may be the treatment of chronic medicine.Text structure can be divided into three parts:introduction, body and conclusion. The main body includes about five chapters, about 4.5 million words. It will re-sort through comparative research and ideas, and the reconstruction of the new system to solve the problem of anonymous investors.The first chapter is a general overview of the dormant capital contribution. This part follows up of the old cases. It includes three parts to foreshadow for later:the characteristics, the causes, the legitimacy and risk of anonymous contribution.The second chapter is a comparative study of Chinese and foreign legislations and theories about anonymous contribution. The first part introduces the foreign legislation and the concept of point of view. It introduces the solution of Anglo-American trust law and the appearance doctrine of Civil law mainly. The second section describes our legislation, policies and theoretical study of jurisprudence. There is an essentially contact between its formation and foreign solutions. This gave rise to an attempt solving unnamed funding problems.The third chapter describes the legal relationship of anonymous investors. The main content of this chapter includes anonymous investor relations under the Trust Design and non-anonymous investor relations under the Trust Design. In the former argument, it does a certain exposition to the concrete structure and related features of the trust, and an analysis of the legal relationship between the related bodies in anonymous funded under the Trust Design. In the latter discussion, it pointed out the limitation of agent design and design partnership, rationality and feasibility of using trust mechanism to solve property vague anonymous investor relations by the analysis of agent design, design partnership and property vague in anonymous contribution. By comparison and research, it is not difficult to find that trust model is the most reasonable solution of the problem of anonymous contribution system design.The fourth chapter analysis the problems of anonymous funding in the perspective of trust. On the basis of the third chapter inferred the superiority of trust system, it use the architecture of trust to solve a variety of problems that may arise in anonymous contribution. It includes the border of hidden shareholders exercise their rights, anonymous shareholders’ legal liability under defective contribution and disregard of Corporate Personality, the mandatory disclosure under connected transaction and stock right transfer, the transformation of shareholder identity at the end of the anonymous contribution relations. Through the above analysis, it is not difficult to find that trust is easier to solve the various legal issues under anonymous contribution and better to achieve fairness and justice.The fifth chapter describes how to solve the problem fundamentally by the reform of trust. The first chapter was the analysis of Equity Trust structure for that the design of anonymous contribution belongs to Equity Trust. Secondly, it is the discourse of extremely important Public Registry System of Equity Trust. Then, it is the explanation of the concluding of Equity Trust contract and its terms of contents. Finally, there are some related discussions about the introduction of commercial trusts.In the epilogue, the article reaffirms the features and benefits about Trust System, the rationality and feasibility of trust in addressing the issue of hidden shareholders, the outlook about the role of trust in China’s economic development.