Discussion On The Confirmation Standards Of Shareholder's Qualifications Of Limited Liability Company

The confirmation standards of shareholder's qualifications play a very important role in Company Law, but until now both theoretically and practically still exist one question is that there still has not form a uniform standard on shareholder's qualifications, so, in order to solve this problem, this article through four parts to analysis this issue.In the first part, the conceptions of shareholder,stock rights and shareholder's qualifications is engaged and analyzed the relationship between these three conceptions. On the basis of analysis , we know that the confirmation of shareholder's qualifications is of a fatal significance。The second part is mainly about the confirmation rules and the legal force of the chief evidences which relation to the confirmation of shareholder's qualifications. In this part we talk about five confirmation rules and the legal force of the formal elements, such as sing and formulate bylaw,company registration and registry of shareholders and the substantial elements such as perform the make capital contributions,hold capital contribution certificate and enjoy stock rights.In the third part, we talk about the basic concept and the specific confirmation standards of shareholder's qualifications. The basic concept is that first of all we should distinguish the formal elements and the substantial elements, then based on the different between the internal and external legal relationship, so decide to apply the personal law or organizational law, in order to confirm the shareholder's qualifications. At the same time, this part analyzed the existed confirmation standards, such as the substantial elements standards and the formal elements standards and the"double confirmation standards, difference between internal and external."The last part proposed the general confirmation standards of shareholder's qualifications, which is the publicity and public trust formal elements is the confirmation standards, but meanwhile given the substantial elements's shareholder the right to change the company registration, and recognition the legal force of the internal contract. Otherwise, this part analyzed the confirmation standards of special circumstance, such as the false capital contribution,the transfer of stock rights and the unnamed shareholder. For the purpose to solve the confirmation standards of special situation, we should insist the normal standards and pay attention to its special mechanism.