Analysis On Enterprise Dormantinvestor And Relevant Legal Issue

With the development of market economy, more and more kinds of investment is created. As a special investment, anonymous contribution has been widely used in practice.On internal side, especially in the limited liability company, it will easily lead to co-influence for investors. External, on the other hand,it will easily lead to publicity appearance of conflict.The investors are also prone to circumvent the law, etc, So, this series of conflicts and disputes are inevitable in the practice. However,there is no anonymous investment legislative norms is listed in "Company Law", "Contract Law" or other relevant lawsat this moment. The only existing "Law interpretation(III)" is only one law which has little description in company dormant investment.Moreover, it even has conflict regulation with each other for legal provisions on anonymous investment for specific problems which resulting in a number of disputes have no legal basis to follow, and even lead to chaos trial practice.Therefore, researching on anonymous investor issues, not only the resonance theory in this field, but also the needs of practitioners.Anonymous contribution refers to a person who based on legitimate and effective in investment agreement have obligations for company actual investment performance, can also enjoy the rights of shareholders, but do not meet the requirements to become shareholders in the form of capital contributions subject. According to difference standard, anonymous investors is divided completely anonymous, completely non-anonymous, anonymous, non-protocol agreements anonymous, avoid legal dormant and non-dormant circumvent the law. And when dealing with anonymous investment relationship, we tend to use the agent system. When confirming anonymous investment relations, we should follow the principle of “Formal requirements is basic, Substantial elements as exception ".Through discussion of anonymous investors, we will definite the shareholder right for anonymous investors,have further innovation standardized anonymous funded judicial practice when settling. In practice, do reasonable restrictions and protection for dormant equity investors and find a reasonable solution so that dispute anonymous contribution can be effectively guide to judicial practice.