Discussion Of Partnership Acquiring The Shareholder's Qualifications

A partnership to acquire the shareholder's qualifications is one reason of which form joint ownership of shares in a broad. Joint ownership of shares in a broad had been formulated definitely in Company Law of Japan, Germany, France and so many other countries, but our country's company law didn't have this formulation. And whether the partnership can acquire the shareholder's qualifications wasn't formulated in our country's Company Law.The meaning of partnership acquire the shareholder's qualifications is the partnership can use its own property to invest and to acquire the shareholder's qualification as the third kind civil subject which is different from the natural person and the legal person. After that, the partnership can enjoy the shareholder's right and undertake the shareholder's duty as the shareholder of the company.Because of no formulation of the partnership acquire the shareholder's qualifications in our country's Company Law and Law on Partnership Enterprises, many people can not understand this question clearly. So this thesis will analyze the partnership acquire the shareholder's qualifications from the following several sections:Section one: Analyzing the rationality of the partnership acquiring the shareholder's qualifications. We will find the rationality of the partnership acquire the shareholder's qualifications from the Jurisprudence, the Civil Law and the Company Law. This section will definite that the partnership can acquire the shareholder's qualifications and didn't violate the Law of our country.Section two: This section will discuss the detail of the partnership acquire the shareholder's qualifications as the important point. We will make sure which partnership can acquire the shareholder's qualifications through the discussion of the subject of the partnership acquire the shareholder's qualifications; We will definite the legal way to get the shareholder's qualification by the discussion of the form of the partnership acquire the shareholder's qualifications; Summarizing the important factor of the partnership acquire the shareholder's qualifications will help us to certain the important reason of the shareholder's qualifications; Talking about how to persist the partnership acquire the shareholder's qualifications will help people to make the correct decision; Finally, we will understand the purpose of the partnership acquire the shareholder's qualifications through definition the essence of the partnership acquire the shareholder's qualifications.Section three: After the discussion of the partnership how to acquire the shareholder's qualifications, we will make sure the rights and the duties after acquiring the shareholder's qualifications through the discussion of the partnership's rights and duties as the shareholder's of the company. And we will discuss the difference from the shareholder's rights and duties of the natural person and the legal person.Section four: We will analyze the problem which could happen after the partnership acquiring the shareholder's qualifications. And we will find the way to deal with the dispute which could happen after the partnership acquiring the shareholder's qualifications.This article elaborate and analyze the partnership acquire the shareholder's qualifications in order to make sure the partnership can get the most benefit through acquiring the shareholder's qualifications which don't violate the Law under the situation of the flaw of our country's Law. The partnership can enjoy the shareholder's rights and undertake the shareholder's duties as the shareholder of the company. I want to bring about the attention of the judicial authority and the legislature throughthis thesis.