Study On The Share Transfer Of Nominee Investment An D Introduction Share Trust In The Notary Practice

With the development of the China's economy,the investment modes are in diversity.Because of interests,nominee investment becomes first choice for more and more investors.The nominee investors refer to those who actually perform the capital obligations to the company,but their names could not found on the Stock transfer books or business registration.It seems that nominee investment could bring many profits,but meanwhile it could be double-edged sword for the nominee investors who will be accompanied with lawsuits.For instance,the identification on the shareholders in the nominee investment has effect on the share transfer.Nominee investment does not comply the principle of commercial affairs,“safety and speed”,and the existing laws of nominee investment and share transfer are not perfect.This thesis attempts to combine with the research on reasons for emergence of nominee investment,their modes and status of nominee investors in Anglo-American Legal System,Continental Legal System and Chinese Legal System.Then I make analysis on the risks and restrictions on the share transfer.On this basis,I introduce the trust system and agreement notarization with the purpose of improvement on the safety of share transfer.In this thesis,the overall structure is divided into three parts: Introduction,Body and Conclusion.The body of the paper is used to ask questions,deepen it and to analyze and solve problems.It is divided into four chapters.First,ask questions and analyze on them.According to the conception of nominee investment,it focuses on the different catalogues of nominee investment and the causes of the phenomenon.And then,three doctrines of the definition on shareholder of nominee investor are introduced,including “ Rechtsschein Theorie”,“the expression of autonomy of will on being shareholder” and “compromise theory”.Registration system and trust system are used for specification on the nominee investment in the Anglo-American Legal System.However,due to persistence on the “Rechtsschein Theorie”,nominee investment is not accepted in the Continental Legal system.Nominee investment is regarded as trust legal relation in the Chinese law legal practice.Because of vague definition on the nominee investors,nominee investors are faced with more difficulties.Second chapter is to deepen the question.Since the definitions on shareholder of nominee investor have effect on the share transfer,I analyze share transfer from both nominee investor and named trustee and there are some the risks and uncertain of the share transfer against the background of current law.Third chapter is to solve the problem.The key is to focus on introduction trust system and notary system into nominee investment and share transfer.From research theory and practice,the advantages of trust system and notary system are obvious.With the conception of big data,Chapter four is to plane to build database for nominee investment and share transfer.Since nominee investor is not willing to disclose the information,the data are not available to the third party.However,these data could be collected and applied for regulation and law establishment.In my view,on the background of big data,the pattern of behavior of the nominee investor and named trustee could be collected and those data are applied into regulating behavior by law and regulation.