The Anonymous Shareholder Qualification Cognizance Standard

With the development of economy, there are a lot of dormant investment phenomena inour social life,they are becoming a more common phenomenon.Triggered by the dormantinvestor,the qualification of shareholder disputes are increasing.Profound lessons of he currentinternational financial crisis,let us must regulate investment.The financing mode of the dormant investment in particular,it is significantly differentfrom traditional investment behavior,The old "Company Law" can not reasonably regulateit,in Provisions of Certain Issues Concerning the Application of the "Company Law of thePeople’s Republic of China"(Ⅲ), there are a number of provisions,but they still haveflaws,anonymous.anonymous investor shareholder qualification criteria is not specified. Inreality,different courts have different judgments guiding ideology,so It is impossible to form aunified judgment, Therefore, anonymous investors can not be protected. At the same time,torecognize qualification as a shareholder, the current theory has not formed the standardsystematic. In order to maintain consistency, our legislation and judicial authority, the healthyand orderly development of the market economy, and safeguard the legitimate rights andinterests protection of dormant investors, it is necessary to systematically to dormantshareholder qualification standards for specialized research. This paper is formed under such abackground.This paper is the analysis of the case papers.In this paper, Mr. Shaw shareholder qualification dispute case as an example, combinedwith the Provisions of Certain Issues Concerning the Application of the "Company Law of thePeople’s Republic of China"(Ⅲ),analyze anonymous contributors shareholder qualificationcriteria.The first part is the case introduction. This part introduces the basic facts of Mr. Shawshareholders qualification dispute case and the situation of the court.The second part is the analysis of the controversial focus of the case summary. Throughthe analysis, the author summed up the focus of controversy in this case: Mr. Shaw canbecome a shareholder of Ltd.. This case is the qualification of shareholder typical case. In thecase of Mr. Shaw have shareholder qualification cognizance standard at the same time,analyzes the key to this case is the shareholder qualification.The third part is the basic principle of the company law, and discuss the influence of anonymous shareholder qualification standards. There will be conflicting situation betweenpractice principles, this paper will analyze the grade of these principles from the macro andmicro perspective.The fourth part is how to set up anonymous contributors shareholder qualificationstandards. The focus of debate in this case is based to discuss whether Mis Shaw have theshareholder eligibility. Firstly, illustrate substantive requirements of anonymous contributorsshareholder qualification criteria. According to the traditional theory on the identification ofshareholder qualification of content, substantial essentials for shareholder qualificationstandards set basis. Secondly, the existing substantive elements of the relevant legislativeprovisions of the analysis, analysis of concrete by the relevant national legislation anddomestic relevant local regulations, foreign mainly analyzes the legislation America, Britain,Germany, Japan and South Korea and other countries, summarizes the valuable substantivedocument set shareholder qualification standard of place: positive protection "dormantinvestors" interests held by a marine law system in the treatment of dormant investmentattitude is worthy of our learning; two civil law countries, the actual investment or investmentcertificate etc. these single condition as substantial cognizance standard, we set up the criteriain substance provide different perspectives."Measures" at the same time our local high courtand the Supreme People’s Court promulgated the "judicial interpretation" analysis, discussesthe substantive elements of the criteria in the shareholder qualification becomes the innermeaning of the shareholders of the company requires the setting; the correlation analysis,based on the above, substantial essentials that shareholder qualification cognizance standardmainly includes the dormant shareholders have become the true meaning of the shareholdersof the company, other shareholders of the company’s actual investment, legal and effectivedormant investment agreement, approval.The fifth part focuses on how to set the shareholder qualification cognizance standardprocedural requirements are discussed. Ibid, first introduced the procedural elements of thebasis; secondly, the procedural requirements of the relevant legislative provisions of theanalysis, summarize them for how to set up a program element reference; finally, based on theabove analysis, the shareholder qualification cognizance standard procedural requirementsincluding accreditation procedures, internal identification the external judicial procedure.The sixth part is the conclusion of the case study with the case. First of all, in conclusion,to Mr. Shaw shareholders qualification dispute case with this view is analyzed; secondly, in the study, the analysis of the concrete is based on the theories above and about Mr. Shawshareholders qualification dispute case, derived suggestions for investors and justicepractitioners.