Research On Legal Issues Of Qualification Of Shareholders In Limited Liability Company

The identification of the shareholders of a limited liability company is an important issue in the practice of company law. These will involve the recognizance of the shareholders of a limited liability company in companies litigations, such as equity transfer dispute, be investigated for shareholders’ contribution to the dispute defects liability. therefore, discuss the identification of the shareholders of a liability company shareholders has very important academic value and practical significance.The new company law stipulated the shareholders of a limited liability company of the register of shareholders and the presumption of the industry and commerce registration effectiveness against authority, in a certain extent,it solve the problem of identification.But whether the subscribed investment, actual enjoy shareholders’ rights, company bylaw, and the capital contribution certificate can be used as the basis for the shareholders of a limited liability company, the effectiveness of each other how, as well as new company law allows registered capital and the payment by installments of institutional reform of shareholders of a limited liability company recognition of the influence etc., are all to be further studied.This paper tries to combine the " company law " regulation, by applying the theory of company law, commercial law and civil law theory, draw lessons from foreign experience in the legislative and judicial experience, based on the above based on that analysis, to solve the practice of shareholders of a limited liability company that the principle and basis for some exploration and attempt.This paper is divided into four parts. The first part of the case raises the question, explain the limited liability company shareholder qualification theory significance and the practice value, and the shareholders of a limited liability company concept, rights and obligations are analyzed. The second part is the limited liability company shareholder qualification theory, discusses the shareholders of a limited liability company finds that the general principles, introduced the identification basis basic theory, and on the basis of the type of analysis and effectiveness of hierarchical division, for the third part limited liability company shareholders that the basis of the analysis and practical application of lay theoretical basis. The third part is a limited liability company shareholders identified basis, one by one of the subscription, actually enjoy the rights of shareholders, the articles of association of the company, register of the shareholders, a capital contribution certificate, registration and other shareholders based on that one one were analyzed, and then analyzes the investment situation of flaw shareholder qualification. The fourth part is the limited liability company shareholder identification basis in different legal relations inside and outside the company in practice application is discussed, from the whole of the trial practice in the qualification of shareholder control, analysis of the company’s creditors and other three people and between the shareholders of the company shareholders, shareholders that disputes between shareholders and the shareholders that dispute, between the shareholders and Corporation disputes that the investor shareholder, shareholder eligibility and equity transfer dispute of shareholders that the trial practice, the shareholders of a limited liability company based on that the effectiveness level.