An Analysis Of The Legal System Of Anonymous Capital Investment Of Limited Liability Companies

When companies invest,some companies or natural persons will be registered in the industrial and commercial registration documents in the name of others for some specific purposes,and they choose to hide behind the scenes.This is now the widespread anonymous investment behavior.In China’s "Company Law",there are no direct and explicit provisions for anonymous investment,and the relevant judicial interpretations are not complete and unformed.In judicial practice,due to the difficulty of sorting out the legal relationship of anonymous investment,disputes are increasing Difficult to resolve with a uniform referee.Therefore,it is imperative to adopt a reasonable legal basis and design a scientific legal system to regulate the anonymous investment behavior,clarify the legal rights and obligations of all parties,effectively reduce disputes in the investment process,and provide a legal basis for judicial practice judgments and safeguard the company operating order.This article selects the anonymous investment in the limited liability company as the research object,and uses the concept and characteristics of the anonymous investment as a logical starting point to analyze the current status of legislation and the problems in practice of the anonymous investment law.The typical case of capital contribution is discussed.Draw lessons from foreign trust principles to solve the problems related to anonymous investment,seek the agreement between the trust system and anonymous investment,analyze the advantages of the trust system and the advantages of equity trust to regulate the anonymous investment,and sort out the legal relationship between the parties under the equity trust,Further demonstrate the feasibility of the equity trust to regulate the anonymous investment behavior.Finally,the anonymous investment equity trust system is designed.Based on the existing legal foundation and norms,the trust law is used to rationally construct the equity trust contract design and improve the equity trust registration laws and regulations to resolve the current anonymous investment disputes.Provide institutional references,abide by the principle of judicial autonomy,and reasonably balance the interests of all parties.