The Right Of Dormant Investors And The Determination Of Its Shareholder’s Qualifications

Dormant Investors is the actual investors or equity subscription investors, but records for other people in the company’s articles of association, or business registration in the register of shareholders, the people Signed a contract with the dormant Investors. In reality, Dormant Investors are very common. Because it exists to circumvent the law, the right to ownership is not clear, the lack of relief channels and other reasons, so that the legal relationship of the parties are very unstable.China Company Law does not provide for dormant investment phenomenon, but judicial interpretation of Company Law has a number of provisions. However, these specifications do not satisfy the reality of complex legal disputes dormant investment generated, is not conducive to the protection of the dormant shareholder rights. Therefore, this paper in order to solve the problems in the judicial practice, on the bases of Definition, Causes and Types of Dormant Investors, integrate theoretical analysis and national legislation, points out the shortcomings of current legislation. Trying to solve these problem by Combine existing laws and regulations with theory. Finally, after definition of the Shareholder’s Qualifications, the legal consequences of all subjects.The author take on comprehensive literature analysis, comparative analysis, inductive and deductive methods, case studies and theory with practice and other methods in the process of writing paper.Paper is divided into four chapters.Chapter One:Definition of the Dormant Investors, analyzing the reasons for its formation, classified different types of dormant Investors.Chapter Two:Under the existing legal framework, the analysis of the rights of shareholders before being implicitly recognized the rights of shareholders, ought to enjoy. The Hidden Investment Agreement dormant Investors in the case does not have the qualifications of the shareholders, the shareholders of their rights from the nominal signed. First, the nature and effectiveness of dormant investment agreement to sort out, in order to clear dormant Investors have the right to contract so enjoy.Chapter Three:Shareholders qualified to discuss how dormant Investors identified. In the analysis of the current theoretical study and practice of national legislation on the basis of legislation to make the evaluation, to try to improve the lack of legislation.Chapter Four:after definition of the Shareholder’s Qualifications, the legal consequences of all subjects.