Study On The Identification Of Dormant Investor's Shareholder Qualification

On account of China's rapid development of market economy recent years,people's enthusiasm for investment is higher than ever before,diversified forms of investment have also emerged,in which the phenomenon of dormant investment has increased year by year.For all kinds of subjective or objective reasons,investors subscribed shares of the company in the name of others.They registered the others' name in the company's articles of association,the register of shareholders and business registration.As actual investors,they fulfill shareholder obligations in direct or indirect ways.This phenomenon is known as dormant funding.With the increase of dormant forms of investment,the relevant qualification confirm of shareholders became a controversy.But our country's current corporate law and judicial interpretation of the definition of how to confirm the qualification of the dormant shareholders still have many loopholes,which lead to no uniform determination criterion of the court and add to the difficulty of the court judgments.This makes the authority of the law challenged.At the mean while,the legitimate rights and interests of investors fail to be well protected,which weakens the enthusiasm of investors to put more money into the market.If things continue this way,stability of the market economy will be destroyed,and that will go against the development of the economy.Dormant investor problems have occurred all over the world,different country has different laws and attitudes to the identification of dormant investor's shareholder qualification.Anglo-American law system countries attach importance to the principle of appearance,based on the register of shareholders to identify the shareholders of the record,dormant investors can invest through the trustee,once the implicit investor and prominent investor disputes,will also be based on trust Method to adjust.The maturity of the trust system in Anglo-American law countries makes it more difficult to resolve such disputes.Civil law countries also treat the issue of dormant investors controversially,German law strictly abide by the principle of publicity doctrine,strict requirements for company registration,so the phenomenon of anonymous investors are relatively rare,but in Japan and South Korea,there is no clear definition of the issue of shareholder qualification,the academic point of view is different,substantive and formal elements of the dispute remains to be resolved.In our country,because the company law and the relevant judicial interpretation does not make it clear,according to the specific problems in judicial practice,the academics mainly form three kinds of views,essence,form and compromise.The author will start from the theoreticaldoctrine of the qualification of the shareholder of the anonymous investor,and study the specific standard of shareholder qualification by analyzing the internal and external legal relations of the anonymous investor and carry on the analysis of the problems existing in our country's existing law and judicial practice.Summarize and make perfect suggestions.This paper is divided into five parts.The first part is the introduction,this paper introduces the research background,research significance and innovation.The second part is an overview of the dormant investor,through the dormant investor concept and legal characteristics of dormant investors.The third part is the theoretical doctrine and the specific standard to confirm the qualifications of the dormant investor.This paper mainly introduces the three theoretical theories of the dormant investors and the criteria for determining the eligibility of the qualified investor.The fourth part is the analysis of the status of China's dormant investors' qualification according to Company Law and Company Law Judicial Interpretation III.The fifth part is aimed at the author's suggestions on the existing problems in the qualification of the dormant investor.