Research On The Legal Issues Of Confirmation Of Shareholder Qualification Of Foreign Named Investors

At the beginning of China's reform and opening up,because of various reasons,many foreign investors invested in mainland China in the form of dormant investment.But because of China's relevant laws and regulations didn't regulate foreign dormant investor's rights and obligations clearly,as a result,there are many confirmations disputes of dormant shareholder qualification of foreign investors in current judicial practice in China.Under the analysis of three foreign dormant investment cases and the existing laws and regulations,this paper summed up the elements of foreign dormant shareholder qualification confirmation in practice,and through the negative list system research established in Shanghai Free Trade Zone,summing up the useful methods of con formation of foreign dormant shareholder qualification and expecting to be able to help the trial practice.In addition to the introduction and conclusion,this paper is divided into three parts.The first part selects three cases from the court judgement,summing up two kinds of situations of foreign dormant investors and the focus problems that the court has made in the trial case of conformation of foreign dormant shareholder qualifications to help the analysis of the paper.In the second part,the author summarizes the legal support of the confirmation cases of the foreign dormant investor's qualification.Firstly,this paper analyzes two types of foreign dormant investment in mainland China,that is to avoid the law of mainland China and the law of other countries.Secondly,this paper analyzes the theory of the dormant shareholder qualification in judicial practice.Thirdly,through the analysis and study of the influence on the entrusted dormant investment agreement on the confirmation of the qualification of foreign investors.Finally,the author summarizes the provisions of China's current laws and administrative regulations on the confirmation of the qualification of the shareholders of the foreign investors.The third part analyzes the focus of the cases and combines with negative list management system of Shanghai Free Trade Zone,through summing up the methods to confirm the shareholder qualification cases in the form of foreign dormant investors.