Shareholders Of A Limited Liability Company Qualification Legal Issues

Nowadays, setting up and operating a company are not normalized enough, or some related laws and regulations are not clear and definite enough in China .So some generally-used regulations are badly needed while taking up cases of conforming shareholder-qualification in order to keep the judicial results consistent.Characteristics of shareholders are the evidence to conform the shareholder-qualification. Different characteristics have different meanings on it. Formal characteristics such as industry and commerce registration materials, article of association and shareholders roll, are adopted priorily while taking up the cases in which creditors pursue shareholders' defect of capital supply .In addition, substantial ones such as real capital provision, certification of capital provision and real shareholder-right are adopted priorily while the disputes among shareholders or between shareholders and company.The 40000-word article can be divided into four parts as follows:The first part deals with the normal theses on shareholder-qualification conforming .At the beginning, it discusses the relationship between qualification acquisition and rights of shares. In other words, shareholders are the owners of share rights. People who enjoy the share rights are entitled shareholder-qualification. Furthermore, it analyses the acquisition way of shareholder-qualification in a limited liability company and illustrates the legal meaning of shareholder-qualification conforming.In the second part, it concerns increasing shareholder-qualification cases and sees into the causes of different judgment on the same cases, Unstandlization in setting up and operation a company, especially from the existence of substantial one-person company. Nowadays, analyzing from the point of laws and regulations and judge experiences. The reasons to their different thinking way of judge are as follows: Due tothe vagueness of laws and regulations, judges are clinging to havedifferent understanding of them. Besides, the defects of laws and regulations make some experiences be followed in judgments.The third part is a specific study on cases of shareholder-qualification conforming .By analyzing 5 cases, it proves into the different ways of dealing with this kind of cases and then expresses the necessity of setting up some widely-used regulations.In the last part, it refers to judgment practice .The different meanings of six characteristics have different influence on different cases. Finally, it makes a special illustration on the several kinds of specific shareholder-qualification conforming.