Stockholder-qualification Cognizance

Stockholder's right in company is based upon their stockholder-qualification. During a company's establishing and running, there would probably come about lawsuit very often among parties concerning cognizance of stockholder's right and benefit, equity capital transfer and legal responsibility between stockholder and creditor. Such controversy and its solving all connect with issue that how to cognize stockholder-qualification. Because there hasn't clear regulation in corporate law about cognizance of stockholder qualification, moreover lots of companies are not run as standardization at present in our country, In judicial practice, it's very difficult to solve those controversy about stockholder-qualification from law and fact. This article will try to discuss how to cognize stockholder-qualification both from practice and theory.This article consists of six parts. The first part generally defines stockholder and stockholder-qualification. The second part separately states constitution points of stockholder qualification of limited liability company and stock company. The third part analyses law and fact evidence of cognizance of stockholder-qualification. The fourth part clarifies how to identify their efficacy when documents that provided by different stockholder conflict each other. The fifth part describes the principles and thoughts of cognizance of stockholder-qualification. The sixth part discusses several special situations about how to cognize stockholder-qualification under in judicial practice.Author points that, when solving those controversies concerning ofstockholder-qualification, it should be seriously think and treat to encourage investment, protect the benefit of the third part with goodness, maintain rules and regulations about company, and guarantee trade safety, so judge should be careful in selecting applied evidence. In thinking method and direction, this article is from pragmatism, and uses method that combines practice with theory to discuss issues.