Research On Anonymous Investors’ Qualification Of Shareholders

Using the name of another person to invest to companies is fairly common inour country,this is a new way of investment due to economic and socialdevelopment.The person who invest in this way is called anonymous shareholder inpractice and theory,this paper calls it anonymous investor.However,the current lawof our country relates to anonymous investor remains to be refined,which makes theidentification of shareholders’qualification still difficult in practice.Because almostall issues about anonymous investors involve qualification of shareholders,makingthis problem clear is the precondition to solve other problems of anonymousinvestors.On the basis of basic theory and practical condition of anonymousinvestors, this paper introduces the British and American agent system,and in themeantime analyzes how to use this agent system to solve the problem ofshareholders’qualification.Chapter Ⅰoutlines the basic theory of anonymous investors. This chapterpresents concept and features of anonymous investors,as well as the academicclassification.Also,differentiating several concepts that related.ChapterⅡpresents thepractical condition about anonymous which involve three parts.The first part is aboutthe standard on how to confirm their shareholders qualification,namely three kindsof theories.The second part is the current law relates to anonymous investors in our country.The third part illustrates three classic cases.Chapter Ⅲ discusses thefeasibility of using British and American agent system to solve anonymousinvestors’issues.This chapter presents the main content of British and Americanagent system.It then points out that the article402and article403of CorporationLaw in our country has learned from this agent system,and this agent system has anatural advantage to identify the shareholders’qualification.Also,it presents how touse this agent system specifically when coping with the problem of anonymousinvestors.Finally, comparing the different two ways mentioned before,which cansolve the urgent need to address the practice of anonymous investors and theconfirmation of the shareholders.