Treatment Of Shareholder Qualification Of The Dormant Shareholders Of Limited Liability Company And Related Disputes

With the development of market economy, the investment is increasingly prosperous in our country,investment ways also present the trend of diversification. Dormant investment in our economy is one of the more common ways of investing.The proliferation of dormant investment phenomenon, also makes the dormant shareholders related disputes emerge in endlessly; how to identify and calculate the dormant shareholders variety of disputes arising, it has become a problem of the theory and judicial practitioners unavoidable. In our country, although the theory of implicit shareholder issues more research, but most studies are before< the Supreme People's Court on the application of the people's Republic of China Company Law judicial interpretation(III) >(hereinafter referred to as " the company law judicial interpretation(III) ”) carried out; followed by " the company law judicial interpretation(III)”, the theoretical circles on this problem of the study-- despite some progress, but due to the limited duration of the study, some problems are not due to relative judicial explanations have addressed, especially for the problem of dormant shareholders of shareholders accreditation, currently still no uniform opinion.In the judiciary, China's current “Company Law” does not provide for anonymous shareholders question, the Supreme Court issued the “the company law judicial interpretation(III) ”are only a few provisions related to the problem of hidden shareholders, therefore, hidden on shareholder qualification process and related disputes, judicial attitudes and opinions are not the unity, some issues still need clearance. It is based on the above background, this article on the problem of dormant shareholders of limited liability company the shareholder qualification and the dispute handling of attention. Through trial-related court case statistics, this paper analyzes the judicial practice issues related to dormant shareholders affirming and handling disputes facing, combined with related theories and results of previous studies, some of which will make my own point of controversy claims.This article is divided into five parts, respectively as follows:In the first part, considering the statistics on the case of a limited liability company of dormant shareholders of basic problems. First, around the " nominee shareholders " in the judicial practice of the use case, the definition, characteristics, types and their relationship with the actual contributor, on the " nominee shareholders " and comments as well. Secondly, it is about the research on the problem of dormant shareholders, analyses the root causes. Finally, on the problem of dormant shareholders exist regarding the legality analysis.The second part, related to the judicial status of dormant shareholders to make the evaluation. Dormant shareholders for a long time, in order to fully understand the judicial status of dormant shareholders, the side face of the "company law judicial interpretation(III)" before the introduction of judicial trial, referee dormant shareholder disputes according to made display and analysis; on the other hand, this part has focused on the analysis of the the “company law judicial interpretation(III) ”relates to the provisions of the dormant shareholder, related to the use of legal theory on these Provisions for the interpretation and evaluation, reveal its rationality, and try to put forward its shortage.The third part, the problem of dormant shareholders of Shareholder Qualifications in related problem. First, the problem of dormant shareholders of shareholder qualification standard has done the discussion. Secondly, from the problem of dormant shareholders according to laws, and the relationship between the nominee shareholders of shareholder qualification. Finally, the author sums up the problem of dormant shareholders of shareholders ' qualification based on observations.The fourth part is the analysis on the problem of dormant shareholders and the recognition of shareholder qualifications in related types of disputes. The problem of dormant shareholders of the legal relations concerned in the main types of disputes have share transfer disputes, the gain of shareholder qualification disputes, disputes and disputes the execution objection system, this part, combined with concrete case respectively. The goal of this dispute and discuss.The fifth part summarizes and puts forward some suggestions to solve the disputes of dormant shareholders. First, put forward the dormant shareholder disputes identification and treatment principles, maintain commercial law strict doctrine of appearance, protect the Limited third person interest principle, adhere to the principle of balance of interests and shall not be in violation of the laws and regulations of the mandatory provisions of the principle. Secondly, the identification and treatment of concrete opinions and suggestions on the disputes of dormant shareholders, the establishment of the legal concept of dormant shareholders, nature of the clear generation shareholding agreement, perfect the dormant shareholders significantly the conditions and procedures, establishment of dormant shareholders display name is not successful processing rules, cancel the goodwill obtaining system in the judicial interpretation of the provisions, and on the treatment of dormant shareholders in new ways to make an exploration.