A Study On The Identification Of Shareholder's Qualification Inlimited Liability Corporations

More and more companies are established in the market along with the development of socialist economy, and the number of disputes on companies or shareholders rises. It is necessary to confirm the shareholder identity before to solve these disputes. It is difficult to identify the qualification as a shareholder of a company, because the Company Law has few rules on shareholder identity, and the theorists don't have unified conclusion on this problem. Because there is no unified rule to comply with, the courts may make different judgments on the same dispute. This paper proposes advices on theory and practice to solve the conflict between the basis of shareholder identification.This paper is divided into four parts. The first part briefly mentions the concepts of shareholder and shareholder identity, analyzes the acquisition and loss of shareholder identity, and summarizes the legal significance of shareholder identification. The second part discusses two different kinds of theory on the basis of shareholder identification and the basis of shareholder identification. The acquisition of shareholder identity is the foundation of basis to identify the qualification as a shareholder. The legal characteristics of shareholder identity are but not all evidences to prove the qualification as a shareholder. This part paves the way for further analysis. The third part introduces the solution path to shareholder identification. Different principles should be abided by when we identify the qualification of shareholder. Business registration is the most powerful proof to identify the qualification of shareholder when the identification refers to the external relations of a company. Capital contribution behavior is critical to identify the qualification of shareholder when the identification refers to the internal relations of a company. The fourth part mainly discusses how to identify the shareholder identity if the special circumstances, such as anonymous contribution, defect contribution and equity transfer, exist in a company.