On The Legal Confirmation Of The Qualifications Of Anonymous Shareholders

With the development of the Chinese market economy,investors have entered into anonymous investment agreements with others by acquiring shares in the company without listing their names in company documents such as the company's shareholder list for various reasons.A person exercises the right to participate in the management of the company,and this investor earns a return on investment.This process is for anonymous shareholders,an overview of anonymous investment practices.At the same time,in the legal system of China,the recognition of the qualifications of anonymous shareholders,whether in civil law or commercial law,and the legal relations of anonymous shareholders,the protection of each subject has not been completed.As investment forms diversified,the legal relationship between anonymous shareholders became more complex.In the legal relationship with anonymous investment,there are many actors,and the legal relationship between each other is also crossing vertically and horizontally.Reinforcing regulations on the phenomenon of anonymous shareholders.In addition,as China did not complete the legislation related to anonymous shareholders,the judges entered the law When judging the agenda accordingly,different reasons for the trial were applied to show the results of the trial.This was not only unfavorable for protecting the legitimate interests of each subject in the legal relationship of anonymous shareholders,but also healthy and orderly.There is also a disadvantage in establishing an efficient market economy system.Based on this,this paper summarizes the basic theory related to anonymous shareholders on the basis of exploring the value and meaning of the recognition of anonymous shareholder qualifications,and analyzes the characteristics of the anonymous shareholders.I will summarize the concept and compare hidden contributions and other schemes according to their meaning.Next,I have gained a lot of anonymity motives from anonymous shareholders by analyzing a large number of judicial cases in the court papers.According to its characteristics,the causes were divided into two types.In the theory world,there are three types: a practical theory that focuses on examining the true expression of the parties in a discussion about the recognition of an anonymous shareholder qualification,a formal theory that is based on external attention,and a distinction between a double standard.There are perspectives.Each of these three theories has its strengths and weaknesses,and through an analysis of the three theories,I have presented my own revised perspectives.Analyzing the loopholes and two problems that mainly appear in judicial practice,and finally,through the experience of anonymous investment in accordance with offshore laws,it was possible to obtain regulations on the legal system of anonymous shareholders in China.It proposes a relatively clear regulation on sensation and expects to do it for the legitimate interests of each entity with an anonymous contribution to reach effective maintenance.