Research On The Legal Issues Of The Anonymous Investment Of Limited Liability Company

A limited liability company Anonymous investment phenomenon refers to the case where the investor contributes to a limited liability company in the name of another person.Ownership is the property of both property and identity attributes.In the case of insignificant investment that does not match with the famous person,how to determine the ownership ownership is a difficult problem,which also restricts the settlement of the relevant legal issues."Interpretation of the Company Law(3)" Provisions for the legal issue of the anonymous investment,but the provisions are not yet comprehensive,some articles still exist on the ambiguity,can not meet the needs of practice.On the study of the legal issues of the anonymous investment,the academic circles put forward the theory of the implied proxy,the theory of trust,the theory of implicit partnership and the theory of separation of shares.On the basis of the existing legal system,some theories creatively put forward the method to solve the legal problem of the anonymous investment,which has certain rationality,but it can not reflect the general problem in the field of investment.The theory of equity separation is based on the nature of equity.Equity and property rights and content of the content of the content,because the content of the two rights of the exercise mechanism and relief are not the same,the exercise of equity bundled thinking will exercise the exercise of equity,it is necessary to recognize the separation of equity exercise,In the rationalization of the relevant legal relationship,the anonymous legal issues like to solve the problem.In the perspective of the theory of equity separation,the legal liability of the limited liability company can be decomposed into legal issues related to the legal rights related to the equity property rights and the legal rights related to the rights of the equity.The dispute involving the former is adjusted by civil law.The disputes involved are adjusted by commercial law.Anonymity of the investor as the equity of the property rights of those who enjoy the right relative to the person is the nominalshareholder,can not break the contract relative to the company to claim the right.Anonymous investor can not qualify as a shareholder because of his contribution,but may obtain the shareholder's qualification through the shareholder qualification confirmation procedure or the title procedure.The nominal shareholder shall be entitled to the shareholders 'rights and shall be entitled to indemnify the shareholders' rights under his name,but if his disposition damages the lawful rights and interests of the anonymous investor.Anonymous investor can exercise the right of defense against the disposition of the nominal shareholder,but can not resist the trustworthy third party who trusts the registered industrial and commercial equity.