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Research on Legal Nature of Concealed Investment for Company and Resolution Mechanism of Relative Disputes

Author: LiDanZuo
Tutor: YangZhongXiao
School: East China University of Political Science
Course: Legal
Keywords: Anonymous Investment Legal nature Dispute resolution mechanism
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 157
Quote: 2
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Abstract


The undisclosed investment as a form of investment, not modern, the earliest dating back to medieval Italy Commenda contract. In the field of modern social investment, whether foreign or domestic, dormant forms of investment are widely used in the investment practices of China's socialist market economy, especially in undisclosed investment of the company's investment in the field, but also has a certain universal sex. Undisclosed investment from a juridical point of view is also a legal phenomenon, however, the spirit of transparency legislation oriented investment transaction security as a basic starting point, the provisions of the current legislation undisclosed investment relatively crude one. Therefore, the legal issues related to undisclosed investment has become the current judicial practice and theory one of the hot and difficult problems of the sector. This article by the definition of the legal nature of dormant investment and undisclosed investment analysis of the legal relationship, the undisclosed investment dispute resolution mechanism discussed on how to reduce disputes recommendations. This thesis is divided into an introduction, body, conclusion of three parts, in which the body is divided into four chapters. The first chapter is a general analysis of the undisclosed investment phenomenon to the undisclosed investment in the basic phenomena and concepts described. This chapter first describes the causes of undisclosed investment, second section describes the types of dormant investment, the two parts to undisclosed investment concepts defined in the preparation, both denotation and connotation of undisclosed investment in the third quarter of The undisclosed investment concepts defined. Chapter II defined the legal nature of the undisclosed investment, aimed at defining the legal nature of the undisclosed investment analysis to pave the way for the legal relationship of the undisclosed investment. This chapter explains the dormant investment can be defined, respectively, depending on the situation for shareholders funded trust silent partnership and indirect agents four categories of legal nature. Chapter undisclosed investment legal relationship analysis, this chapter based on the characteristics of the different legal nature of the undisclosed investment analysis of the legal relationship of dormant investment, mainly undisclosed investors with significant name investor; undisclosed investment the legal relationship between the people, sensible name investor with the company and other shareholders; undisclosed investor, sensible name investor with the company and other shareholders outside third party. Chapter undisclosed investment-related legal dispute resolution mechanism. The chapter confirm the identity of the shareholders disputes, the flaws of capital disputes, share transfer dispute, shares of preservation and execution dispute, to vote on the resolution the effectiveness of disputes the five kinds disputes the processor produced elaborate. And summed up as the basis for the general rules of dormant investment disputes. The fifth chapter is the proposal to reduce the undisclosed investment disputes. This chapter on two fronts made recommendations on how to reduce the undisclosed investment legal disputes. First, the a dormant investment agreement entered into the process of reducing disputes, establish a system to reduce disputes.

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