On The Rights And Obligations Of Anonymous Shareholders In Limited Liability Companies

In the past 40 years,under the continuous promotion and guidance of the policy of internal reform to the outside country,with the rapid take-off of China's economy,the vitality and potential of China's market have been fu rther released,showing a good situation.In order to further adapt to the modern new market environment,many state-owned enterprises,including collective owne rship,enterprise-owned enterprises,etc.,are also in the restructuring and optimization of their own organizational structure,enterprise form,ownership structure and so on.In the process of attracting admission,social capital and foreign capital are also exploring va rious investment models to balance risk and guarantee income.In this context,very characteristic,has a different advantage of the anonymous investment method has received a lot of such as Taiwan businessmen and other investors with relevant needs.Along with the la rge number of anonymous investment methods,coupled with its own characteristics of the reasons for its related subjects involving anonymous shareholders,prominent shareholders,companies and other parties,the legal relationship between the two sides is complex,the agreement between the parties is mostly difficult to cover all aspects,resulting in easy to cause legal disputes.The legal provisions on anonymous investment are very little,only in the "Company law interpretation three" and "on the trial of foreign-invested enterprises disputes in a number of issues of the provisions of the two judicial interpretation involved." The content directly associated with the anonymous investment has less than 20 clauses in total,which is far from meeting the needs in judicial practice.For this kind of investment method,which is more frequent in limited liability company,this paper will mainly explore the relationship of rights and obligations between it and the relevant pa rties from the perspective of anonymous shareholders.Anonymous investment in meeting the individual needs of some investors at the same time,but also become some people with ulterior motives to circumvent the law tools,and even some wrongdoers use anonymous investment in the way of tax evasion and money laundering and other criminal activities,the sound of the abolition of anonymous investment has not stopped.There are four chapters in this paper,the first chapter will sta rt the anonymous investment itself,explore the causes of anonymous investment,analyze its advantages and disadvantages,and make suggestions on how to play the role of anonymous investment in economic development.The second chapter discusses the legal relationship between the anonymous sha reholder and the company.Combining with the theoretical theory of shareholder qualification,this paper probes into the shareholder qualification of Anonymous shareholders.On the basis of summing up the relevant provisions of the current judicial interpretation on the anonymous shareholders,this paper interp rets them.In the third chapte r,between the focus and the anonymous shareholder and the prominent shareholder,first of all,the paper studies the natu re of the sha reholding agreement between the two,and analyzes the advantages and disadvantages of the agent said,the trust said and the partnership to say each other.In the fourth chapter,the author will give his own suggestions on the standard of shareholder qualification,and analyze the advantages of the trust system in standardizing the legal relationship between the anonymous sha reholders and the parties,and put forward some suggestions on how to perfect the anonymous investment by using the trust system.