On the implicit legal status of the investor and Dispute Resolution
|School||China University of Political Science|
|Keywords||Anonymous contributions Anonymous contributors The legal status of Judicial handling|
Since the 1990s, with the continuous deepening of the market economy and the rapid development of the company's enterprise system, the commercial sphere of the new economic phenomenon after another, anonymous contribution is one of Anonymous contribution of the phenomenon a large number of companies, partnerships and other economic organizations, funded by dormant in recent years triggered by disputes have to be returned for investment disputes, shareholders ensure the right to dispute the borrower disputes, unjust enrichment and disputes kinds of cause of action is taken to court. This issue, the relevant provisions of the Companies Act is almost a blank, the Supreme People's Court judicial interpretation evasive and vague attitude; difficult due to the lack of a unified, authoritative legislative guidance, the judicial practice on this type of case processing reached consensus on a judicial chaos; theoretical circles is uncompromising. In today's changing market economy, the general objective existence of an urgent need to be adjusted by the law of social relations, \balance of interests. This paper selects the economic entity, the legal status of undisclosed investor perspective, the concept of trial funded from dormant, characteristics, causes and legitimacy of analysis, the definition of anonymous investors, classification and legal status of fronts, clear implicit the relationship between the name investors and significant investors, companies and third party, and judicial practice in relation to the anonymous contribution of the Handling some superficial insights. The paper is divided into three parts, introduction, body, conclusion text includes three chapters. Anonymous contribution phenomenon and undisclosed investors an overview. Analyzes the causes and legitimacy of the anonymous contribution phenomenon, summarized on the basis of analyzing the anonymous contribution concept and the causes of the anonymous contribution characteristics. Using comparative analysis to clarify the concepts and classifications of the anonymous contributors. Anonymous contribution means a person for some consideration or reason, to borrow the name of another of subscription or subscribe for shares, and its name is not recorded in the industrial and commercial registration materials, articles of association and the register of shareholders, as shareholders indirectly by the lender in the name of investment activities of investors. Theoretical circles anonymous investors are divided into different categories according to different criteria. The second chapter is a key part of the full text, focus on the core issue of the anonymous contribution phenomenon - the legal status of the anonymous contributors elaborate argument, the effectiveness of the dormant funded contracts, shareholders' qualifications standards, dormant funded contract relative , the Supreme Court of Justice to explain the spirit and practice of operation, combined with relevant foreign legislation of national case discusses the anonymous investor does not have the qualification as a shareholder, as defined on the basis of undisclosed investors with significant investor, the company and company The relationship between the third party outside. The third chapter from the perspective of judicial practice summed up the status quo of China anonymous contribution disputes, and on the establishment of the judicial handling mechanism of the anonymous contribution disputes to establish the cause of action such as litigation, the original defendant identified, the processing rules of justice preliminary ideas.