Study On The Renaming Of Actual Investors In Equity Entrustment

As a new mode of capital contribution,equity entrustment has been widely used in the process of corporate management.It meets the needs of some investors who do not want their names to appear in the register of shareholders and industrial and commercial registration documents,but the complicated relationship between the parties of equity entrustment is easy to produce disputes,which brings many problems to the judicial practice.The third interpretation of the company law standardizes for the first time the issue of equity entrust and the naming of the actual investor,and makes it clear that the actual investor enjoys the investment rights but does not enjoy the shareholder qualification and other shareholder rights.After the introduction of this explanation,various problems continue to appear in the reality of equity entrustment,the court in the trial of related cases appear different phenomenon.Therefore,the "Nine People’s Record" specifically aimed at the explicit name of the actual investor has made Article 28 provisions,affirming the legal effect of the implied consent of other shareholders of the company.However,this stipulation can not solve the dispute of shareholder qualification confirmation in practice,so it is necessary to study the naming of the actual investor.This paper is divided into six parts.The first part is the introduction,which mainly introduces the background of the paper writing,the current situation and existing problems of domestic and foreign academic research on the issue of equity enlisting and the explicit name of the actual investor.The second part is an overview of the equity entrustment and the actual investor,mainly explaining the concept of the equity entrustment,legal attributes,legal relations,and the concept and classification of the actual investor.The third part is the analysis of the real difficulties of the explicit name of the actual investors,mainly studying the risks that the actual investors face in the equity entrust,as well as the reasons and difficulties that the explicit name is blocked;The fourth part introduces the legislation and judicial practice of the actual investor naming in China,and analyzes the shortcomings of the current legislation.The fifth part puts forward the enlightenment to our country’s relevant legislation by comparing the legislation status quo of the actual investor naming in Britain and the United States.In the sixth part,the author puts forward some suggestions on how to improve the explicit name of the actual investor in the equity entrustment in view of the deficiency of the current legislation and judicial practice.Paper by studying the underdevelopment of the provisions of the actual investor and the dilemma in the judicial practice,should be in the company law of equity generation problem make that clear,also need to the actual requirements of famous sponsor entity and process clearly,also should draw lessons from Anglo-American trust system of the country,the trust system to solve practical sponsor of the problem.