Research On The Protection Of The Rights And Interests Of Actual Investors

The generation of equity holdings has stimulated investors' enthusiasm for investment,and at the same time has injected fresh blood into company financing.It has become a new investment method favored by many investors.However,due to the complexity of the main body involved and the concealment of the actual investor,the relevant legislation and regulations for the protection of the actual investor's rights and interests in China are not perfect.Based on this,in order to better regulate its behavior,it is particularly important to strengthen the research on the protection of the rights and interests of actual investors.This article attempts to study this issue.Excluding the introduction and conclusion,the main body contains the following chapters.Chapter one starts from trying to define the concept of actual funders,explores its causes,and analyzes it in types.Then it points out the two problems of the current academic disputes in my country,namely,how to define the legal nature of equity holding and shareholders Which theory should be adopted to determine the qualification standards to provide a theoretical basis for studying the protection of the rights and interests of actual investors.Chapter two elaborated in more detail the relevant legislation of the two major legal systems in my country and outside the territory,especially the United States,Germany and Japan,on the issue of actual investors.Through the method of comparative law,it summarizes that most countries inside and outside the territory generally adopt " In terms of form",thedifference is that common law countries often incorporate equity holdings into the trust relationship regulation,and grant the actual investors some shareholder rights to protect their rights.Chapter three directly points out the legal and regulatory obstacles to the protection in my country,that is,the lack of specific provisions after the equity holding agreement is deemed invalid,the legal nature of equity holdings is unclear,and the qualification of shareholders is still difficult to determine.From the analysis of the relevant judgment documents,the judicial practice obstacles to the protection of the rights and interests of the actual investors are drawn,including the invalidity of the holding agreement,the difficulty of naming the actual investors,and the abuse of shareholder rights by nominal shareholders,the equity being obtained in good faith,and even the inability of investment income.Get protection,etc.Chapter four uses the comparative method to make suggestions on the attempts to protect the rights and interests of actual investors from the three perspectives of system basis,and specific measures: directly stipulate it in company laws,raise the requirements for the form and content of the equity holding agreement,refine the naming procedure of the actual investor,and try to give the actual investor the right to know and supervise,and at the same time impose certain restrictions on the nominal shareholder.Through a progressive approach,a system for protecting the rights and interests of actual investors has been initially constructed.