The Protection Of Dormant Investor’s Rights And Interests

Anonymous investment behavior wodely existed in our social and economic life. It plays a postive role in encouraging investment and promoting economy.However,along with China’s reform and opening to the outside world and the development of the economy,various disputes caused by dormant investment have been on the increase,among which, limited liability companies are more involved. In legal practice,dormant investment disputes are mainly found in the following circumstances:financial contribution faults,transfer of equity,and ownership of investment interests,ect. Currently,only “Provisions of the Supreme People’s Court on Certain Issues Concerning the Application of the Company Law of the People’s Court on Certain Issues Concerning the aoolication of the Company Law of the People’s republic of China’s(III)”(Judical Interpretation [2011] No.3) can be used to deal with the disputed talked in former. The lack of law leads to the impairness of dormant investor ‘s rights and interests.In order to dissolve these problems,the author read numorous legal books and cases.The author find the reason of the limitation of dormant investor’s rights and interests.There are two main causes;The one is confirmation of dormant investor’s qualification;the other is lackness of protection ‘s methods. To this problem on confirmation of dormant investor’s qualification,the author proposes the normal on confirmation of dormant investor’s qualification.To the second problem,the writer thinks that dormant invertment widely exist in the west countries.But these countries have perfected trust law,so they can dissolve many disputes concerning the dormant investment.On the basis of specific analysis of the methodology in the relative countries,the author points out we should design the equity trust of dormant investment.The paper is divided into four chapters with the following as the main contents.The first chapter mainly researchs the basic information on the dormant investor,the meaning of dormant investment、dormant investor ‘s feature and the type of dormant investor ect.The second chapter mainly focus on limitation on the dormant investor’s rights and interests. By anysising numorous cases,author explore the information about the protection of dormant investor’s rights and interests.The third chapter mainly tells confirmation of dormant investor’s qualification。Confirmation of dormant investor’s qualification is the basic element factor of protection of dormant investor’s rights and interests.On the basis of anysis numorous cases and foreign methods,author proposes own viewpoint “Modified form”.The last chapter is the most important. It is the core chapter.In this chapter,author mainly discuss the protection of dormant investor s equity trust of dormant investment, In addition to,author also explicity points out how to design a perfect equity trust of dormant investment. The author thinks that we should possess a equity trust of dormant investment.It can reduce the disputes,maintain the captical ‘s stability and circulation,promoting the development of social market ecomomic.