Research On The Confirmation Of Shareholder Qualifications In Limited Liability Companies

With the development of the corporate system in China, all sorts of legal relation disputes emerge in the judicial practice, including the dispute of identifying shareholder qualifieation, the dispute of violations the shareholder's rights,the dispute of shareholders' liability and the dispute of stockrights transfer,which get involved in the legal identity of the shareholder, directly or indirectly . Shareholders qualification problem has become the focus in the theories field and practice field , and its also the prerequisite for solving various companies dispute fairly and effectively. However, because of the lack of legislation on the shareholders qualification of specific provision in our country, there are great differences and different standers on the shareholders qualification in the theories field , which leads to the same trial of the dispute with the opposite decision, triggering Judicial practice in the confusion. This is a limited liability company qualification as shareholders are particularly prominent. Therefore, building a complete theoretical system of accreditation of shareholders, and providing a unified judicial practice and operational standards are of great significance.The first chapter starting from the case of shareholders qualification dispute , points out that shareholder qualification system legislative situation and practical problem. The second chapter elaborates the basic issues of the shareholder qualification. The third chapter is to analyze the relationship between the basis of the shareholder and shareholder qualification , involveing actual investment, actual exercise of equity, artieles of incorporation, and the capital contribution certificate, the shareholders, industry and commerce registration etc . The fourth chapter is to comment the different standards of shareholders' qualification different standards .According to the principle of shareholders of a limited liability company, putting forward standards that "form evidence shall prevail, substantial evidence exception applicable". The fifth chapter to further analysis the different standars of identifying shareholder qualification when itemerging anonymous contribution, false capital, nominal capital, defect contribution, dry shares and unable to change share transer in practice under special circumstance . Finally puts forward the shareholders of a limited liability company qualification system construction and improvement Suggestions, in order to company law legislation and practice, and thereby protect transaction security, coordinate the interests of all parties, and promote the company's development.