Legal Issues Of Qualification As A Shareholder Of A Limited Liability Company

The partner qualification of a limited liability company is the basis on which the partners exercise their right and undertake their responsibility.Judges have some different opinions concerning how to acknowledge the partner qualification of a limited liability company,the divergence will affect the partner qualification of a limited liability company and the steadily development of the company. In view of the partner qualification of a limited liability company, this article is divided into three parts to conduct the research..Chapter one is the outline of the relevant legal systems and theoretical study on the partner qualification of a limited liability company. Includes two parts, one is the outline of the internal and external relevant legal systems of corporation and theoretical opinions on the partner qualification of a limited liability company. Another part is the legal system in our country about the acquisition and the loss of the partners qualification of a limited liability company. Partners of the limited liability company can acquire their partner qualification by original acquisition or derivative acquisition and can lose their partner qualification by five methods, such as the death of natural person partner and the termination of legal person partner.Chapter two is the bases of the partner qualification of a limited liability company. It isn't correct to define the partner's qualification only by their capital subscription, and we should distinguish different legal relations and analyse the evidences of partner's qualification synthetically, such as investments certificate, articles, register of members, industrial and commercial registration and partner's right transfer agreement, according to the five principles about definating the partner's qualification.Chapter three is the analysis of the partner qualification of a limited liability company according to the different conditions. In the course of company practice, there are many defective capital subscription partners, dormant partners and false personation partners, the phenomenon can bring about deadlock to definate partner's qualification easily, the opinion of the court judging this kind of cases is often different , too. Usually the court need to decide synthetically the internal relationships and external relationships concerning the case. The qualification of the defective capital contribution partner can't be deprived only because their subscribed capital is defective. We should judge the partner qualification of the dormant partner and the imposter according to the internal and external relations of the case.