Study On The Legal Relationship Of Anonymous Investment Of Company Under The Interests Balance

In the judicial practice of reality,there are a lot of dormant investment phenomenon.Because of this special way of investment is not very consistent with the general,and the complicated legal relationship among different kinds of interest subjects,leading to it's very difficult to properly balance the interests between the dormantinvestor, on behalf of shareholders, the company and other shareholders, and third parties from outside the company.In 2015 years,Tianjin port explosion accident pushed the problem of dormant investment limited liability company to the cusp of public opinion again,how to regulate the dormant investor relations,we are on the way to solving this problem,still long way to go.This article starts with four typical interest imbalance in legal relationships of dormant investment disputes,then study on the theory premise of structuring balance of interest in the legal relationships of dormant investment need to be combed.The "balance of interests" view is the coordination of the various aspects of the conflict by the authority of the law,so that the interests of the relevant parties in the coexistence and compatible with the basis of a reasonable optimization of the state,research on a stable and effective conflict resolution mechanism,the parties to the conflict in the interests of the relationship in a state of balance,specific to the field of dormant investment limited liability company,adjust to the legal relationships between the dormantinvestor, on behalf of shareholders, the company and other shareholders, with third parties from outside the company in detail,achieve the balance of interests of the state.Secondly,adopts the standard of "form",the nominal shareholder is the real shareholder of the company.Then, analysing and comparing legislative status of balance of interest in the legal relationship of dormant investment abroad,analysis of the feasibility of its application.Finally based on the existing law in China, analysing the legal relationships between the dormantinvestor, on behalf of shareholders, the company and other shareholders, with third parties from outside the company in detail, what's more, thinking of some suggestion on legislation perfect. Mainly in the following aspects:the adjustmentof dormant shareholders and nominal interest by generation shareholding agreement;after the termination of the shareholding relationship,nominal shareholders need to return the value of equity;how to balance the interests of investment;who is the main body of the obligation of the company to perform its obligations;the balance of interests between the shareholders' right of access and the company's stability; in the process of the dormantinvestor into real shareholder,how to deal the balance of interests; the balance of interests between dormant shareholders and the creditors of the company;when nominal shareholder transfer of equity without agreement of he dormantinvestor,how to deal balance of interests between the transferee and the equity transferee;when the company has a major accident, the balance of interests in legal liability.