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On the Dormant Investment in the Limited Liability Company

Author: RaoSuQing
Tutor: LiHaiYan
School: Yanbian University
Course: Civil and Commercial Law
Keywords: Dormant investment Undisclosed Agency Dormant investment agreement Shareholder qualification
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 62
Quote: 0
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Abstract


Limited liability company in the dormant investment is a party investors (undisclosed investor) the actual subscribed capital contribution, and the Articles of Association, the shareholders' register or the registration of recorded material other business investors (significant shareholders) have shown for others a kind of legal phenomenon. Anonymous investors, although not shareholders, but in essence, enjoy and bear the rights and obligations of shareholders. Dormant investment limited liability company mainly involved in the tripartite body that anonymous investors, significant shareholders and the company, and sometimes involve the company's external third party. In between the main parties will have a lot of legal relationships, and anonymous investors and explicit nature of the relationship between the shareholders of dormant agency relationship, the relationship between the main body of the rest are in the anonymous proxy is generated on the basis of the relationship there is, therefore, the subject of mutual rights and obligations can be applied to the relevant principles anonymous proxy. In the anonymous agent relationship, based on the significant shareholder investor's agent as an implicit authorization shall act in the hidden investor funded or not fully funded defect case, investors should be apparent dormant shareholders in funded within the scope of the company and third parties jointly and severally liable. In our practice, a limited liability company in the dormant investment although it is a normal existence, but it has long been dormant investment in our country has been no uniform clearly defined. Until February of this year, the latest introduction of the \However, in the dormant investment context, the rule is still not perfect, the trial court required only on specific problems encountered in specific provisions, but a referee standards. For the current legal provisions on dormant investment defect, I believe that should be procedural and physical dormant investment on uniform provisions for system clearly dormant investment program specifications, and dormant investment entity specification. First, from the program should be required dormant investment rules that must be followed: the signing of dormant investment agreement to be notarized dormant investment agreement, to meet certain conditions to allow anonymous investor explicit name change of the Company. Secondly, from the entity should be required dormant investment subject, object, behavior and the resulting responsibilities assumed by: anonymous investment principal is invested with legal identity of the natural or legal persons subject; dormant investment of the object is These investments are subject identity with corresponding national industry access to a limited liability company; dormant investment behavior of dormant investment agreement signed and notarized agreement, and the kind of dormant investment behavior is not to circumvent national laws and regulations; Unnamed investors became shareholders of the Company may change through direct changes or court is indeed the right way; dormant investment accountability implicit methods applied the relevant principles of Agency to fully protect the company as well as the legitimate interests of third parties in anonymous investors not fully funded or funded by the case of hidden defects investor and significant shareholders of the company within the investment and the third jointly and severally liable.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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