Research On The Legal Relationship Of Anonymous Investment

Along with the development of the economy and various investment ways, there have been problems caused by dormant investment where the actual investor is not the one recorded in the articles of associations, stock ledgers or files of administration for industry and commerce. Dormant investment relieves the financial pressure of running corporations and attracts investors who wish to avoid being registered in files, both of which benefit the development of economy. However, for a long time, law has not drawn a clear boundary for dormant investment; the absence of the legal regulation causes continuous disputes arising from dormant investment.The appropriateness of dormant investment has been supported by the Provisions of the Supreme People's Court on Certain Issues Concerning the Application of the Company Law of the PRC (?) of. It provides applicable judicial criteria for settling disputes arising from dormant investment. However, the legal issue of dormant investment is too complicated to be answered in a judicial interpretation, which neither is a legal system designed specifically for the issue, nor can it cover all circumstances of dormant investment in the judicial practice.The study of dormant investment requires the background knowledge of company law, contract law, trust law, etc. to analyze the legal relationship and legal nature of dormant investment, so that we can find the corresponding legal regulation to resolve possible disputes. Therefore, this paper will start from the legal relationships, clarify the jural relations among multiple legal subjects, and explore approaches improving existing legal regulation on the basis of understanding the relevant articles of the judicial interpretation.The paper contains four chapters.Chapter One mainly gives the definition and scope of dormant investment, including the connotation, forming reasons and comparisons with relevant concepts.Chapter Two mainly discusses the legal relationship between dormant investor and registered investor. In the discussion, the legal nature of dormant investment has to be clarified first:dormant investor participate indirectly based on the contract, and then according to the declaration of will of the indirect participation and the belonging of the benefit of investment and management right, the dormant investment can be classified into agency, trust, partnership three types of legal relationships between dormant investor and registered investor.Chapter Three mainly discusses the legal relationships between dormant investor and other interested parties. The discussion has been divided into two parts:the legal relationships with other shareholders of the company, and that with a third party.Chapter Four mainly analyzes the legal regulation on dormant investment, systemizes the relevant articles of the judicial interpretation, summarizes the oversight and shortcoming, and gives improving suggestions.