The Identification Of The Shareholders' Qualifications Of China's Anonymous Investors

In China, the phenomenon of anonymous investments has become common, resulting in various and complicated disputes. In practice, due to the lack of clear legal norms, the judgments of these disputes are quite different. The shareholder's qualification is the crucial problem to these disputes.Firstly, the shareholder qualification of anonymous investor is originated from dormant investments. Based on full study of concepts, features, main causes, pros and cons, we can find that the economic phenomenon of dormant investments has its economic inevitability and reality requirement. Therefore, it cannot be neither lasted entirely nor disappeared entirely. We should analyze and process specifically to specific problem. For those dormant investments which avoid law maliciously and damage national, public and third people's interests seriously, we have to ban it and punish related people of civil, administrative even criminal responsibility; for those who avoid law but never damage national, public and third people's interests, we need to improve legal system innovation to guide and rule it.Secondly, it emphasizes the importance of definition of anonymous investor and law insufficiencies. Shareholders qualification is the foundation and premise to ensure shareholders accessing and exercising rights, gaining their return on investment, bearing the obligation and liability. Only by clear definition of anonymous investor, can we give correct identification of shareholders qualification. And the related rules about anonymous shareholders have many insufficiencies, which cannot solve disputes radically.Finally, accreditation doctrines about anonymous investors in science and practice include affirmative, negative and compromising theories, but each of them has its own flaw. On the basis of three theories and reference to related national shareholders qualification, we make a conclusion that shareholders qualification should be adapted by rule "amendment form". In addition, based on form document, we establish shareholder qualification standards by register, which is complete, timely and accurate. It highlights the autonomy and conductively maintain "people based" in Limited Liability Company.