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Study on the Legal Issues of Dormant Investment in Limited Liability Corporation in China

Author: FanZhengGuan
Tutor: FuChangLu
School: East China University of Political Science
Course: Legal
Keywords: Dormant funded Dormant shareholders Transformation Regulation Proposal
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 121
Quote: 0
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Abstract


Funded phenomenon of current in the field of market economy, there are a lot of anonymity because the existing laws lack explicit legal provisions in the country, in this judicial practice handling the issue of the same, and sometimes even contradictory. This paper undisclosed funding to a limited liability company in China as the research object, using the a deductive inductive method to analyze this phenomenon in several typical legal problems. In addition to the introduction and conclusion, the text is divided into four chapters, about 35,000 words about words, mainly on the following four legal issues: a basic theory on the dormant investor dormant shareholder relations issues in this article from the dormant funded of dormant funded historical origins, causes, and legal characteristics of the basic classification, and the force of law. And to clarify the definition of the concept of anonymity invested undisclosed investor, dormant shareholders on the basis of: undisclosed investor is not equivalent to the dormant shareholders, dormant shareholders is just one of the many types of undisclosed investor types. Undisclosed investor to become dormant shareholders two conditions: 1, undisclosed investor based contribution to the company to become shareholders of the Company to assume the obligations of the shareholders or shareholders' rights mean. The undisclosed funding contribution behavior does not exist illegality should be funded non-anonymous circumvent the law. Second, about the legal status of the dormant shareholder issues identified in this article from the representative of the legal theory about the legal status of dormant shareholders identified doctrine - in real terms, the form said, the distinction says the Analysis proposed: to protect all parties in order to maximize the interests of the target, follow commercial law to improve Shoji transaction efficiency and protection Shoji transaction security principle, adhere to commercial law publicity appearance 'balance the interests of all parties, the legal status of dormant shareholders recognized standards on the basis of its original form, says further upgrade is \principle, but allows dormant shareholders into shareholders of the Company as an exception \Three conditions: dormant shareholders into the company's shareholders and actual contribution or by law following the person lawfully held company funded capital; 2, consent or approval of the other shareholders of the company; 3, without prejudice to others has been the major legitimate interests; analysis the program dormant shareholders into the company's shareholders, the conversion results and legal relations change. Three, about our current legislative and judicial Practice funded phenomenon regulatory system in dormant article from our dormant funded legislative status quo departure, elaborated of our currently existing legal dormant funded problem attitude of ambiguity as well as judicial interpretation of the messy nature and is not uniform sex. And focus on February 16, 2011, came into effect the purposes of the Supreme People's Court \Fourth, our limited liability company Dormant funded legal regulations made recommendations problem this paper under the aforementioned problems of analysis explore the regulatory undisclosed contribution issues raised the author's suggestion: correct handling of a limited liability company Dormant funded problem should micro-and macro-two a perspective: the microscopic angle - angle from the Companies Act to improve the existing legal rules to regulate the dormant shareholder funding issues; macro perspective - to promote and promote new investment in the existing basic legal framework, such as Equity Trust and Investment dormant agent investment, dormant funded phenomenon oriented more institutionalized, standardized direction. To circumvent the law regulating undisclosed investment recommendations to the relevant laws and rules should be clearly defined.

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