Identification Of Dormant Shareholder Qualification

In real life,the company's actual investor or unwilling to openly show their assets,or to circumvent the law of company investor as constraints,or other reasons,and in the name of another substantial contribution to the company,and by others to exercise the rights of shareholders.In practice,similar to the actual investment but not in any of the company's shareholder identity exists to show the identity of the shareholders on the certificate,in the judicial practice,we will call this kind of contribution of dormant shareholders in limited liability company.Both the universal existence of dormant investment,but the provisions of China's current legal norms of the limited liability company are dormant investment it is difficult to provide protection of dormant shareholders,once dormant shareholders and registered shareholders have the ownership dispute,judicial practice is lack of fair and reasonable basis for the referee.In practice,the hidden shareholders the type of investment disputes diverse,identified complicated procedures,but no matter what kind of type,the qualification of dormant shareholder confirmation is priority among priorities,only clear the identity of shareholders can we provide this protection.Therefore,how to identify the qualification of dormant shareholder has become a primary problem in the judicial practice to overcome.Through case analysis,discusses the actual investor finds the problems existing in the shareholder qualification,how to explore the dormant shareholders actual investor interests are realized,and trying to exist in theory and practice through the comparison on dormant shareholder qualification recognition issues in dispute,put forward to perfect the relevant legal regulation proposals.This paper mainly includes three parts: the first part,this paper introduces the main case,and concludes the main focus of the dispute,make the analysis of the case.The second part analyses the case,three kinds of theories about the shareholder qualification from the four kinds of evidence of shareholder qualification and the angle of the theory,discusses the shareholders the qualification of existing theory and practice in the process of dispute.The third part,from the practical problems of the proposed dormant shareholder explicit way,and for deficiencies in the law of our country,puts forward some corresponding suggestions to improve the legal system and how to use specific methods in judicial practice.