Dormant Funded Research Theory And Practice

Commercial Registration in practice, due to various reasons, the true identity of the parties appear to be inconvenient or impossible in industrial and commercial registration, it is increasingly anonymous contribution is selected as an important way to participate in operations. Anonymous contribution has its very distinct characteristics, our current law is not yet standardized anonymous funded system, to be exact, it should be no law expressly provided, leading to protect the interests of the relevant parties of the existence of gaps in the judicial system. This paper by two main types of anonymous funded, namely silent partnership and anonymous shareholders to analyze, at the property of their common basis, to explore the hidden name of investment in our law in an attempt to elicit the prevalence of legal intervention necessity.Scholars generally believe that the medieval Mediterranean "Kangmeng Da"(commenda) contract is in the form of the origin of Dormant Partnership and Limited Partnership. Through the study of national legal provisions of other legal systems, we find that, in the United States, Germany, Japan, Taiwan, China, the relevant provisions of the anonymous contribution is visible, the presence of this system, have played at different times to promote the economic development of the country’s important role, even to this day, anonymous contribution system to promote economic development continues to play a pivotal role. But because our law is not timely updated, resulting in the law as the basis of the superstructure not kept pace with the economic growth rate, so that the relevant provisions of anonymous contribution, in our country has been in the absence of state law. Although China is a country Minshanggeyi, for the relevant provisions of the partnership, appears in the "Civil Law", in the "Civil Law" Chapter V, it is the provisions of the concept of individual partnership, since June 2007 From March 1 implementation of the "Partnership Enterprise Law" is to have a more detailed explanation of the partnership, and gives a precise definition of partnership enterprises but always hard to find dormant partnership on company law, for hidden shareholders it is not mentioned, but this behavior Shoji China’s rapid economic development today is there are a lot, so the author tries in the case law can not be changed immediately, by way of third-party involvement in the actual investor and famous investor by way of contract between normative rights and obligations of both parties, with its safeguard interests of both sides to promote steady economic development.This paper is divided into six parts:The first part introduces the concept and main types of anonymous funded by two anonymous contribution in the form of silent partnership and the dormant shareholders analytical control, come in the form of anonymous contribution that has always been there since ancient times and has its rationality.The second part focuses on the anonymous contribution of theoretical issues, through the legal analysis of the agreement on behalf of the holders of this anonymous-funded support(from the concept of legal characterization, content, and other aspects of risk parties) returns behalf of the holders Agreement signing is funded under the protection of anonymous case the best way the rights and obligations of both parties, combined with China’s judicial practice, on behalf of the holders of the agreement will be the focus of analysis under discussion to clarify the relationship between the two sides under the anonymous investment situation, and through different the doctrine of comparative analysis to clarify the feasibility of the contractual relationship between the parties.The third part, in line with the purpose of learning, comparison with other national legislation, to recognize the deficiencies in our legislative practice, combined with practice, to study our judicial practice the provisions concerning anonymous contribution.The fourth part, by reason of the existence of anonymous contribution analysis to trace dormant investment our country has always been on the legislative practices, research and analysis and anonymous contribution by a notary in the case under the terms of the involvement and contribution of the anonymous situation between the two sides risk analysis and estimates of the need for intervention to elicit notary and universality.The fifth part, notary intervention dormant investment and dispute resolution functions to play in preventing disputes, is the core of this article, the former face of dormant partnership, hidden shareholders institutional basis for comparison, on the interpretation, pointing out at this stage to change the legislation has its limitations and possibilities, therefore, before the development of relevant systems or legislation yet has not been completed, notarized play an important role as a third party, on behalf of the holders by agreement of the notary to safeguard interests of the parties, since the industry itself notary profession features that allow the notary to intervene has its practical significance and universality, in reality, notarized by the agreement on behalf of holders in the role of analysis and a list of the main issues which the notary intervention to be faced, to demonstrate the importance of notarization.The sixth part, due to the legal authority in the national mind, and lack of legal rights of people likely to cause damage to the interests, so this legislative proposal put forward by the relevant provisions of the design to make the relevant provisions of the anonymous contribution of energy as soon as possible into the category of legal regulation.