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The Dispose Of Shareholder’s Right After The Death Of Nominal Shareholder In Dormant Investment

Posted on:2016-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y HeFull Text:PDF
GTID:2296330479488186Subject:Law
Abstract/Summary:PDF Full Text Request
As the circumstance of dormant investment becomes increasingly common in today’s economic daily life, the actual investor and nominal shareholder, who will get the shareholder’s qualifications becomes the most controversial issues both in theoretical and practical cycle. And 1.After the nominal shareholder who is a natural person died, can the shareholders’ right registered in his/her name be inherited as heritage? 2.If it can be inherited, which rule should be followed? 3.If it can not, how to deal with the shareholders’ right above-motioned? So many questions like these are unable to be avoided in practice. Beyond that, can the nominal shareholder’s stock right be bequeathed also is a significant question related to the inheritance of shareholders’ right in the circumstance of dormant investment. Thus, this paper conducted in-depth studies to these issues one by one, and hoped to give justifiable and workable suggestions to solve the problem of the inheritance of shareholders’ right in the circumstance of dormant investment.In this paper, the text is divided into four chapters besides the introduction and conclusion.The first chapter discussed the recognition of the shareholder’s qualifications and questions about the inheritance of shareholders’ right of dormant investment. Firstly, it submitted that the nominal shareholder should have the shareholder’s qualification, which on the basis of the theory about the recognition of the shareholder’s qualifications in dormant investment and combined with relevant judicial interpretations. Then it discussed the difference between the inheritance of shareholders’ right and of general property, and the particularity of the inheritance of shareholders’ right to nominal shareholder. From this, it set up a background that the non-property shareholders’ right and stock right are both belong to the nominal shareholder, which laid the foundation of later discussion.The second chapter is the analysis about the nominal shareholder’s right can be inherited. Firstly, it confirmed that the stock right which is property and shareholder’s right in the nominal shareholder’s right both can be inherited through the discussion of the theory that shareholder’s can be inherited both in inheritance law and corporation law. Then discussed rules of law that the nominal shareholder inherit shareholders’ right specifically, which included the determination about the range and sequence of the nominal shareholder’s inheritor and protection about the actual investor’s interest.The third chapter is the analysis about the nominal shareholder’s right can’t be inherited. Firstly, it put forward that the nominal shareholder’s right couldn’t be inherited if under the circumstance of denying shareholder’s qualification can be inherited or the deceased nominal shareholder’s inheritor doesn’t want to inherit stock right, and with equity withdrawal. Then, it confirmed rules and legal consequences of the nominal shareholder’s equity withdrawal deeply, and the legal relationship between the deceased nominal shareholder’s inheritor and the actual investor after equity withdrawal.The forth chapter is the analysis about bequeathing the nominal shareholder’s right. Firstly, it confirmed that the legal nature of bequeathing the nominal shareholder’s right is unauthorized disposal. Then, it separately discussed specific rules of which the nominal shareholder’s right can be bequeathed and legal reasons of which can’t on account of the different situations about if the unauthorized disposal is effective.
Keywords/Search Tags:Dormant Investment, The Inheritance of Shareholders’ Right, The Bequest of Shareholders’ Right
PDF Full Text Request
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