On Legal Issues About The Recognition Of Shareholder Qualifications In Limited Companies

Shareholder qualifications, also called shareholder position or shareholder identity, are the basis that the investor acquires and exercises shareholder right and undertakes a shareholder duty. The recognition of shareholder qualifications is the process that the People's Court gives confirmation to the above qualifications of investor, and it is the primary question to resolve cases such as handling the dispute of a share and the transfer of share, and holding the shareholder responsible for defect of investment. But because of the Corporation law of our country doesn't define the denotation and connotation of the shareholder either definitely recognize shareholder qualifications. All these factors lead to having no law can apply for the judicial organ to handle some related problems, and bringing difficulty for unification of judicatory, and also being disadvantageous in protect the legal rights of related right person.This text tries through theories of the Corporation law, commercial act and civil law that the writer controls, combining the provision of the new Corporation law of our country and the experience of the Court in judicial practice, more overall and systematically resolve the problem of recognition of shareholder qualifications. The key point of them is to study the legal basis of recognition of shareholder qualifications in current Corporation law.In term of the law basis of recognition of shareholder qualifications in limited companies, with the old Corporation law compare, although this modified Company law fixed presumptive validity of register of shareholders while confirming shareholder qualifications and antagonistic validity when registering company,...