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外资是新兴经济体国家发展的重要推动力,中国作为其代表,虽积极引进外资,同时亦对外资投资方向选择较为谨慎。为规避相关投资限制,外商投资过程中隐名投资发生的比例也在逐年上升。新近出台的《公司法解释(三)》和《最高法关于审理外资企业纠纷案件若干问题的规定(一)》等法律文件对外商隐名投资做了相应规定,值得对其进行探讨并对外商隐名股东投资策略选择做出合理化建议。
Foreign investment is an important driving force for the development of emerging economies. As a representative of China, although China actively introduces foreign capital, China is also more cautious about the choice of direction for foreign investment. To avoid related investment restrictions, the proportion of anonymous investment in the process of foreign investment is also rising year by year. The recently issued Law on the Interpretation of the Company Law (III) and Provisions on Some Issues Concerning the Trial of Cases of Disputes of Foreign-funded Enterprises by the Supreme People’s Republic of China (I) and other legal documents have stipulated corresponding provisions on the investment of anonymity by foreign investors, and are worth discussing and providing legal advice to foreign businessmen Investment strategy of the hidden shareholders to make reasonable suggestions.