Study On The Legal Protection Of The Rights And Interests Of Dormant Shareholders

With the continues revision of company law in China,and the threshold of market access is decreasing,it has prompted more and more people to actively participate into economic life.No matter what kind of purpose to invest company,the phenomenon which the dormant investment turn into the corporate shareholders is more and more common.However,the legal system in China,we haven't designed the relevant provisions of the dormant shareholders.Therefore,it is very necessary to make the legal statue of the dormant shareholders more clear and protect their interests and rights.In China,the Company Law doesn't regulate the protection of the dormant shareholders and their rights and interests.Only in the judicial interpretation of the Company Law has used the concept of the actual investor.But the concept of dormant shareholders don't be mentioned,the legal statues of the shareholders and protection model is not clear as well,based on these problems,the legitimate rights and interests of dormant shareholders is difficult to be effectively protected.Therefore,it is necessary to clarify the legal status of the dormant shareholders in the Company Law and establish protection mode of the dormant shareholders which is the equity trust mode.And based on this mode,improve the legal system of the protection of the dormant shareholders 'rights and interests.In order to protect the dormant investment disputes and the dormant shareholders 'rights and interests,you can also set the conditions of the assignee of the equity to provide a standard equity trust standard contract.