Research On The Protection Of Rights And Interests Of Anonymous Shareholders

After the 13 th five year plan,the deepening of commercial system reform has stimulated new vitality in the market.The increasing diversification of economic activities and investment methods has set off an upsurge of entrepreneurship and continued to help the economic blowout.The prosperity of commercial activities promotes the prosperity of diversified investment mechanism and gives birth to a unique way of investment,that is,equity holding.As a special way of investment,equity investment is not common today.That is,some investors hide behind the scenes by reaching an agreement with others,making capital contributions in the name of others and recording them in the articles of association,register of shareholders and industrial and commercial registration for avoiding the law or some other reasons.It is undeniable that on the one hand,the phenomenon of dormant capital contribution has played a positive role in gathering idle funds,realizing commercial freedom,maximizing interests and increasing market vitality,but it leads to difficult identification and unclear qualification of shareholders.The complex legal relationship behind it not only increases commercial risks and transaction costs,but also inevitably leads to many disputes.The interpretation of the company law(III)not only regulates the behavior of proxy shareholding,but also promotes the prevalence of equity proxy shareholding in the commercial field.Such lawsuits have emerged one after another since 13 years,showing an explosive growth trend.Therefore,it is necessary to analyze the legal relationship of the connotation of dormant capital contribution,sort out the legal logic,and seek a solution in the existing legal framework to protect the rights and interests of dormant shareholders,which is of positive significance for the settlement of disputes related to dormant shareholders in reality.