Shareholders Qualification Legal Issues

This article consists of three parts: introduction, text and conclusion. The introduction presents the relationships among the shareholder qualification, comany legislation and judicial practice. And the purpose of this article is elucidated in this part.The text has four chapters. In the first chapter, the essential concept and legal meaning of the shareholder qualification are discussed. About the essential concept of the shareholder qualification, the main objects in this article to discuss are the following: the role, the means of the acquisition and the limitation and loss of shareholder qualification. Then, the opinion of the author is proposed. The author think that the shareholders are the owners of share rights. That means the loss of the share rights is the loss of shareholder qualification. And the legal meanings of share right to the shareholder qualification is discussed in six different aspects.In the second chapter, the standard, evidence, rule and means of the shareholder qualification confirmation is concerned. The standards of acquisition for the shareholder qualification include the essential and the formal. And the evidence factors of the shareholder qualification have three different sorts. They come from three sorts of evidences: source evidence, effect evidence and counter evidence.The principle of the shareholder qualification confirmation in the judicial practice includes six rules: stability, announcement, equality of the right and obligation, promotion of trade, protection of the third party and forbiddance to shun the law. In the last section of this chapter, the shareholder qualification confirmation is analysed respectively in the static and dynamic observes.In the third chapter, the legal mode of the shareholder qualification confirmation is proposed. In the judicial practice, the legal mode means the form, way and standard of the shareholder qualification confirmation. The legal mode is established based on the analysis of financial contribution or subscribe for share, signature on constitution, registration, list of shareholder, evidence of contribution, exertion of the share right, and the grant of share right.In the last chapter, the problems in the shareholder qualification confirmation and countermeasure to these problems are discussed. Four problems are analyzed. They are the nonstandardization of management and operation in the companies of our country, financial contribution without real name, financial contribution with fault or no money, acquisition of share right without contribution, transfer of share right without registration. And the countermeasures for these problem are proposed.Conclusion is the summary of the author's opinion essence.