A Research On The Qualificatory Identification Of The Shareholders In The Process Of Equity Alteration

The theory of the shareholders'qualification is not so advanced in the legislation system and academic researches. The benefits of multi-parties which are strongly affected by the operation of companies depend on the qualificatory identification of the shareholders. The author writes this thesis in order to conclude principles and rules which are applied to identify the shareholders'qualification in the process of equity alteration.In the first part, the conceptions of shareholders'qualification and changes in equity are introduced on a understanding level of the legal status of corporation. The author analyzes the creation and the acquirement of the shareholders'qualification in the structure of corporation systems. Furthermore, the foreign legislations and theories are introduced to give a comparable legal analysis.The second part is mainly about the relation between the equity changes and shareholders'qualification. A research on the essential characteristics is given to build up the theoretical basis for the following research. After that, the author elaborates the logical relations of shareholders'qualification, shareholders and equity. In the situations of equity transfers, capital changes and equity purchase by the corporation, the influences on the shareholders'qualification are discussed respectively.The equity transfer, the most common way in the equity alteration, is the main focus of the analysis. The principles of identification are summarized on the basis of the essence of business transaction and other commercial fundamentals. In the process of equity transfer, there are various evidences which can prove the shareholders'qualification. On the basis of researching the characters of the evidences, the author reached the rules to identify the shareholders'qualification.At last, the thesis expounds the identification of shareholders'qualification in four special types of equity changes. The identification in equity changes which happens in the situations of marriage, heritage and donation should be counted in both the company law and the peculiarities of these civil events. When dealing with the state-owned and foreign equity, the principles and rules of identification should be affected by the corresponding regulation systems of the special equity management besides the common shareholders'qualification rules.