The Perfection Of Anonymous Investor Interes Protected

Anonymous investment behavior widely exists in our social and economic life, China’s law regulations for the anonymous investment behavior is lack of guidance for a long time, opinions vary from scholars on the issue of the legal nature of anonymous investment. But in countries of Anglo American law system, the dispute caused by anonymous investment does not seem to be a problem worth of study. In English documents, there is no legal concept of "anonymous investor", nor the writings of investor legal status by the scholars of Anglo American law system.Trust system of Anglo American law system countries quite mature, the disputes of dormant investment are dealt through the trust system. In our current company law, The Company Law, as the fundamental law of company, only stipulates the rights and obligations for the common shareholders and does not involve the anonymous investment problem. Only in some judicial interpretation, the administrative regulations referred to the anonymous investment problems and related suggestions.At present, three forms of the legal base for China’s anonymous investors are correspondence system, co partnership system and the trust system. Regulations based on the correspondences system and co partnership system for the relationship between anonymous investors and nominal shareholder contradicts our law whether from the aspect of legal base or the concrete operation procedure. Not only the identity of the anonymous investors are difficult to confirm, but also rise many disputes due to the unclear agreement. These disputes include disputes of rights and obligations of the anonymous investors, disputes of defective capital contribution, disputes of stock transfer, disputes of investment funds return and etc. In order to improve the anonymous investor rights and interests protection system, we should learn from some outstanding systems abroad. Therefore, adopt reasonable investment, clarify the equity contract type between anonymous investors and nominal shareholder contradicts, regularize both sides’behavior in the form of confirmed equity trust contract is the key to reduce disputes effectively, preserve the order of anonymous investment and guarantee the rights and interests for the anonymous investors. Equity trust system has a advantage of property segregation and tax favorable. Therefore, to slove the problem of dormant investor by establish equtity trust system has a favorable suitability and bright future. However, there are still some shortage about the right protection of undisclosed contributor by equity turst system in our country, because now existing record system have no provision about equity trust system,lead to record agency cannot accept the business of equity trust record. The scale of development of equity trust business are bestially limited due to the confusion of equity trust because of less compatible system. If it hasn’t been registered as the law required, the trust wouldn’t come into effect.But the recently related regulation is too principle. And the subject and process of the register is lack of explicit regulation. With the development of the trust and the variety of the trust product, the Chinese trust register system needs to be perfected.