an anonymous shareholder, that is, a shareholder whose name is hidden, keeps a low profile even if he contributes money. He doesn't want his name to appear anywhere in the company, but finds another person to exercise the rights and obligations of shareholders on his behalf. This person is called a prominent shareholder. The dormant shareholder didn't appear in the Company Law, but the Supreme Court gave him a title in Interpretation III of the Company Law, which allowed him to exist reasonably and legally. Therefore, he often hangs around with articles 25, 26 and 27 in Interpretation III of Company Law, which means to tell everyone that he finally jumped out of his aunt's mind! In this age when walking can be hit by trees, existence means risk. The biggest risk of an anonymous shareholder is that he is too low-key, so low-key that not only everyone doesn't know his existence, but even he can't be found in the industrial and commercial registration. Everyone only knows the prominent shareholders. It's easy to say that this famous shareholder lives a carefree life, but if he is a risk-averse who lacks money to buy a house and get married, he will really do something to stab a hidden shareholder. For example, the shares are quietly sold behind the back of an anonymous shareholder. In this case, if the third person who receives the shares is well-intentioned, then the anonymous shareholder can only stare at the third person while pinching the neck of the famous shareholder. In addition, if the prominent shareholder is divorced or dies, this part of the equity may have disputes. There is a saying that it is reasonable to exist, and you can't stay in the womb because of the danger outside. No matter how clever a prominent shareholder is, there are ways to treat him. The author summarizes the following methods for anonymous shareholders. Although they are routine, if they are done, they can protect themselves to the maximum extent. First, choose a person who you trust and know the roots as a prominent shareholder, and believe that friendship can beat money, even if you are cheated, you have the right to pay tuition! Second, sign a careful investment agreement with the prominent shareholders, not to mention, take this agreement to consult with a lawyer and modify it until you are satisfied! What is necessary in this agreement is the way of exercising shareholders' rights, high liability for breach of contract and a clear agreement that the equity does not belong to the personal property of the prominent shareholders; Third, after fulfilling the investment obligations according to this investment agreement, carefully keep the relevant investment vouchers, and ask the prominent shareholders to confirm the amount of your investment and the time of arrival in writing. If other shareholders of the company also know about your existence, it is better to ask the company and other shareholders to issue such a written confirmation together; Fourth, go to the local notary office to inquire whether this investment agreement can be notarized, and if so, do it without hesitation; Fifth, while looking for a lawyer with the investment agreement, give him the articles of association together, and let him find out what is not conducive to you in the articles of association and change it; Sixth, if possible, put the company's business license, official seal and important documents in your own place for easy control. At the same time, participate in the company's operation as much as possible, understand the company's dynamics, and ask the prominent shareholders to exercise their rights according to their own wishes, so as not to make themselves confused when something goes wrong; Seventh, the author is entangled in this article, that is, the famous shareholder pledges the equity to the anonymous shareholder, and there is no legal obstacle to pledge the equity. If the famous shareholder pledges the equity to the anonymous shareholder, it can effectively prevent the famous shareholder from maliciously disposing of this part of the equity. But in the final analysis, this part of the shares pledged to anonymous shareholders is their own shares, and it is meaningless to pledge their own things to themselves. At the same time, it is suspected that the famous shareholders legally hold shares in disguise. It is suggested that anonymous shareholders consult the industrial and commercial department to see if this method is feasible. Author: Lawyer Wang Xudong of Shandong Taoge Law Firm Legal Link: "Judicial Interpretation of Company Law (III)" Article 23 Where there is a dispute between the parties over the ownership of the equity, if one party requests the people's court to confirm that it enjoys the equity, it shall prove one of the following facts: (1) it has contributed or subscribed to the company according to law, and it does not violate the mandatory provisions of laws and regulations; (2) It has been transferred or inherited the company's equity in other forms, and it does not violate the mandatory provisions of laws and regulations. Article 24 If the company fails to issue a capital contribution certificate, record it in the register of shareholders and register with the company registration authority in accordance with the provisions of Articles 32 and 33 of the Company Law after the parties concerned perform their capital contribution obligations according to law or derivative acquisition's equity rights according to law, and the parties concerned request the company to perform the above obligations, the people's court shall support it. Article 25 If the actual investor of a limited liability company enters into a contract with a nominal investor, stipulating that the actual investor will contribute and enjoy the investment rights and interests, and the nominal investor is the nominal shareholder, and there is a dispute between the actual investor and the nominal shareholder on the validity of the contract, the people's court shall consider the contract valid if there are no circumstances stipulated in Article 52 of the Contract Law. The people's court shall support the dispute between the actual investor and the nominal shareholder as stipulated in the preceding paragraph over the ownership of the investment rights and interests, and if the actual investor claims the rights from the nominal shareholder on the grounds that he has actually fulfilled his investment obligations. If a nominal shareholder denies the rights of the actual investor on the grounds that the company's register of shareholders is recorded and registered by the company registration authority, the people's court will not support it. Without the consent of more than half of the other shareholders of the company, the actual investor requests the company to change its shareholders, issue a capital contribution certificate, record it in the register of shareholders, record it in the articles of association and register with the company registration authority, and the people's court will not support it. Article 26 If a nominal shareholder transfers, pledges or otherwise disposes of the equity registered in his name, and the actual investor requests that the disposition of the equity be deemed invalid on the grounds that he enjoys the actual right to the equity, the people's court may refer to the provisions of Article 16 of the Property Law. The people's court shall support the loss of the actual investor caused by the disposition of the equity by the nominal shareholder, and the actual investor requests the nominal shareholder to bear the liability for compensation. Article 27 Where the creditors of a company claim that the shareholders registered in the company registration authority have failed to fulfill their capital contribution obligations, they shall be required to bear supplementary compensation responsibilities for the part of the company's debts that cannot be repaid within the scope of unfunded principal and interest, and the shareholders plead that they are only nominal shareholders but not actual investors, the people's court will not support them. The people's court shall support the nominal shareholders who claim compensation from the actual investors after assuming the liability for compensation according to the provisions of the preceding paragraph. Article 28 If the original shareholder transfers, pledges or otherwise disposes of the equity still registered in his name after the equity transfer has not been registered with the company registration authority, and the transferee shareholder requests that the disposition of the equity is invalid on the grounds that he has actual rights to the equity, the people's court may refer to the provisions of Article 16 of the Property Law. The people's court shall support the transferee's request that the original shareholder bear the liability for compensation and the directors, senior managers or actual controllers who are at fault for failing to register the change in time. If the transferee shareholder is also at fault for failing to register the change in time, the responsibilities of the above directors, senior managers or actual controllers may be appropriately reduced.