Research On The Protection Of The Rights And Interests Of Dormant Shareholders In Limited Liability Companies

In recent years,with the rapid development of the economy and the increasing diversification of investment means,anonymous investment has gradually become a common investment method,bringing investors a large number of investment opportunities and benefits,but also with the corresponding risks.This is due to the lack of clear legal provisions of the system itself,the theoretical community has not formed a consensus,so that the judicial practice is prone to disputes.Paper with case analysis and normative analysis,through the limited liability company,the practice of the shareholder rights and interests protection status and the legislative status quo analysis,to explore,in view of the dormant shareholder investment problems,put forward the our country present legal framework mode of operation,namely the trust system to realize the dormant shareholders’ interests.This paper mainly explores the protection of the hidden shareholders’ rights of limited liability companies from the following three parts:The first part is an overview of the basic theory of anonymous shareholders.It mainly explains and discusses the concept,characteristics and the definition of the rights and interests of the hidden shareholders.The second part analyzes the status quo of the protection of anonymous shareholders.First of all,the author makes a simple analysis of the current legal norms of dealing with the disputes of the anonymous shareholders.Secondly,this paper discusses the current situation and dilemma of the judicial protection of the hidden shareholders,summarizes several kinds of legal relations that need to be dealt with through several typical cases of the disputes of the hidden shareholders in practice,and further illustrates the complexity and diversity of the problem of the hidden shareholders with four cases in practice.This paper discusses the problems of the anonymous shareholders.Finally,it analyzes the causes of the damage to the shareholders’ equity.The third part puts forward the author’s Suggestions on improving the protection of the rights and interests of anonymous shareholders.From two aspects,the author puts forward some thoughts on improving the equity of the anonymous shareholders.First,to improve the relevant system construction,from the institutional level to improve the rights and interests of the hidden shareholders,including improving the qualification standards of the hidden shareholders,clarifying the concept and legal status of the hidden shareholders,improve the legislative level.Second,the construction of equity trust protection system.First,combined with the specific provisions of China’s trust law,this paper discusses the feasibility and advantages of using equity trust system to regulate the problem of hidden shareholders.Secondly,it analyzes the legal relationship among the subjects under the framework of equity trust.Finally,it proposes to remove the restriction on natural persons to become trust trustees,so that the trust system can better play its function and protect the rights and interests of hidden shareholders.