| 隐名股东资格认定及其责任承担 |
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| 引用本文： | 扈家瑜.隐名股东资格认定及其责任承担[J].娄底师专学报,2011(1):55-58. |
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| 作者姓名： | 扈家瑜 |
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| 作者单位： | 广东商学院法学院,广东广州510320 |
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| 摘 要： | 随着我国改革开放的不断深入，投资领域异常活跃，经济领域中出现了大量的隐名投资行为，由此产生了隐名股东。由于我国现行公司法未对隐名股东资格认定作出明确规定，致使在司法审判实践中法院对这类纠纷的处理结果比较混乱，使得隐名股东与显名股东之间的责任难以划分。隐名股东的资格认定标准及其所应承担的法律责任，应从隐名股东的成因进行分析，并对规制隐名股东进行相关立法。
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| 关 键 词： | 隐名股东 股东资格 责任承担 |
On Qualification Identification of Undisclosed Shareholder and His Duty Assuming |
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| HU Jia-yu.On Qualification Identification of Undisclosed Shareholder and His Duty Assuming[J].Journal of Loudi Teachers College,2011(1):55-58. |
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| Authors: | HU Jia-yu |
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| Institution: | HU Jia-yu (School of Law , GuangDong Business Institute, Guangzhou 510320, China) |
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| Abstract: | With the development of China＇s reform and opening up, investment field is very active. A large amount of dor- mant investments occur in economy field, and undisclosed shareholders come into being. As the identification of the undisclosed shareholders＇ qualification has not been stipulated explicitly in our present company law, it is hard to classify the responsibility assumed by between the undisclosed shareholders and the significant shareholders. As a result, the solutions to the disputes relating to the undisclosed shareholders in the judicial practice cannot be consistent. We should analyze the reasons why investors become disclosed shareholders in order to summarize the criteria of disclosed shareholders＇ qualification and the liability they should hold, and some legislative suggestions related to the undisclosed shareholders are put forward as well. |
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| Keywords: | undisclosed shareholder shareholder qualification duty assuming |
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