Research On The Qualification Confirmation Of Anonymous Shareholders In China

Due to the shortcomings in the legislation of the current "Company Law",the court’s ruling on the confirmation of the qualifications of anonymous shareholders can be described as very different.Cases with different judgments in the same case often occur,and conflicts and disputes occur frequently.Although China has issued relevant judicial interpretations,it is committed to solving contradictions and conflicts in judicial practice.However,judging from the feedback in the current judicial practice,related issues and disputes still exist in large numbers.By sorting out the current status of the rules of hidden shareholders in China,there are three main problems in the confirmation rules for the qualification of hidden shareholders in China,such as the vagueness of the provisions of the Company Law on the confirmation standards,the obstacles to the application of the rules,and the disputed judicial interpretation provisions.The main reasons for the above problems are deviations in legislative ideas and technologies,emphasis on practice and system construction,and lack of a unified confirmation standard.In the future,the reconstruction of the qualification confirmation rules for anonymous shareholders in China should adhere to the principles of commercial appearance based on publicity and credibility,promote the principle of transaction and convenience of transaction,maintain the principle of transaction security and balance the interests of all parties,both based on the present and future-oriented On the basis of the principle,the Company Law added provisions on confirmation standards,established a unified shareholder qualification confirmation system,improved formal standard requirements,clarified evidence requirement standards,and clarified disputes in judicial interpretation clauses as a solution to the problem.