Research On The Legal Status Of Anonymous Shareholder

Anonymous shareholder is popular in practice. There are few stipulations withrespect to anonymous shareholder in our laws and regulations before the issuance ofProvisions of the Supreme People’s Court on Several Issues concerning theApplication of the Company Law of the People’s Republic of China (III) which onlyinclude four clauses concerning the matter of anonymous shareholder that makes thelegal problem of anonymous shareholder unsolved. This article aims to figure out thelegal status of anonymous shareholder and make the conclusion in the end after thecomprehensive introduction of basic theory of anonymous shareholder andcomparison with other similar system which may do good to the solving of the disputeof anonymous shareholder in practice. This article contains three parts which is theintroduction, main body and conclusion. The main body is divided into three chapters.Part1of this article is the introduction which analyzes the goal, meaning,background, reason and method of this research, the construction of this article andother contents.Part2of this article is the main body. Chapter1introduces the basic theory ofanonymous shareholder including the concept and feature of anonymous shareholderand the comparison between anonymous shareholder with other similar concepts. Moreover, chapter1analyzes the normal classification of anonymous shareholder andanalyzes the anonymous shareholder in the methods of comparative analysis oftyping.Chapter2analyzes Article32of the Company Law and Article25, Article26and Article27of Provisions of the Supreme People’s Court on Several Issuesconcerning the Application of the Company Law of the People’s Republic of China(III) which constitute the legislation status of anonymous shareholder. Chapter2focuses on the new clauses in Provisions of the Supreme People’s Court on SeveralIssues concerning the Application of the Company Law of the People’s Republic ofChina (III) and illustrate the word “investment interest” and other words which areworth study. In the end, this article figure out that anonymous shareholder has theuncompleted “right of shareholder”.Chapter3analyzes the related theory of legal status of anonymous shareholderincluding the principles which may be obeyed in the identification of qualification ofanonymous shareholder. The doctrine of identification of qualification of anonymousshareholder includes substantial doctrine, formal doctrine. This article analyzes theforgoing two doctrines and make conclusion. Chapter3compare anonymousshareholder with similar system including trust to make the basic legal relationship ofanonymous shareholder clear. The second part of chapter3focuses on the possibilityand consistency in using the system of agent in civil law system to analyzeanonymous shareholder.Part3draws the conclusion of the standard of identification of qualification ofanonymous shareholder, the dispute solution with other persons and the basic legalrelationship to analyze anonymous shareholder by all-round analysis of anonymousshareholder. Finally, this part defines the legal status of anonymous shareholder.