Qualification Of The Company Shareholders

Shareholders of the Company Law case to qualification is often one of the issues involved, is the transfer of shares and other related issues such as dispute the premise. Have qualified for the shareholders and the shareholders entitled to shareholder rights, shareholders have qualified for the shareholders bear the obligation to shareholders and the exercise of shareholder rights is based on the premise that qualification as shareholders. Shareholders the right qualification for various types of shareholders, such as voting rights, right to information, right of action derived from the exercise of such rights is also of great significance. Qualification as a shareholder in the administration of justice requires practical decision problems, the lack of theoretical concern and attention.Qualification of the company shareholders this problem, researchers of the Company Law theorists less, so not many results.Take the form of company registration review methods, the operation not up to standard is not sufficiently rigorous, so there are a significant shareholder and is similar to anonymous shareholders, the shareholders of the situation and even false. Identity of the shareholders to prove a lot of legal documents, such as investment certificates, register of shareholders, corporate charter, business registration and so on. Because of the existing Gongsifalv lack of explanation of the above documents, resulting in no uniform standard, and there is no theory as a guide, so when the file appears inconsistent with how to identify the problem and became a people's court is no clear legal basis to handle such disputes. In recent years, disputes related to equity, such as voting rights, dividend rights and other disputes have occurred; Significant shareholders, the shareholders are not actually dormant investment company documents or records on the grounds of industrial and commercial registration or deny the identity of its shareholders in order to avoid the assumption of debt; Business to grow, the Invisible between the shareholders who are the real dispute, and so on shareholder qualification disputes, the company shareholders or creditors held responsible investment disputes, the shareholders of the criteria to identify such qualification is to resolve disputes the premise and foundation.Qualification as shareholders of the shareholders first, and the legal significance of the qualification of the basic principles are described, defines the legal concept of shareholder qualification, qualification of proposed shareholders shareholders shareholders the right to exercise the right to undertake obligations and properly handle the company shareholder dispute cases the premise and foundation of view, the final confirmation of the shareholders of the seven basic principles of accreditation.Second, shareholders are discussed in further detail based on the qualification of the basic theory, put forward the legitimate shareholders should both forms of the substantive features and characteristics, then discusses the elements of the shareholders in real terms in the qualification of investors and shareholders in the form elements of the actual articles of incorporation, business registration, register of shareholders and other shareholders can be based on contribution behavior, records of the articles of association, articles of association signed, registration, recorded in the register of shareholders and the equity certificates and other qualifications recognized its shareholders, and tally up the conflict should be based on a different piece of evidence to which as the decision of the evidence. Capital investors to become shareholders of the Company is not a prerequisite, there is no legal basis to the shareholders and investors eligible for one relationship between behavior. Recorded in the Articles of Association the shareholders eligible for the recognition of great significance, the behavior of the articles of association signed by the parties to the true meaning of that record than the articles of association, a more robust evidence on the effectiveness. Registered with the only "certificate authority" function, only the third person outside the company when a dispute is important. The identity of the certificate of property rights, and stock certificates of investment, could prove the fact that the holders of capital contributions or shares have therefore based on investment certificate or the holder of shares to eligible shareholders to determine their own point of view is not reliable .The third part is the core part of the text, the part of the qualification of a variety of ways, including shareholders of the company shareholders to qualify for the establishment of various approaches, such as behavior-based capital, articles of association records, shareholders, shareholder certificates, business registration and Following by the acquisition, including the transfer, inheritance, gift, etc. specific analysis. Shareholders eligible for funding identified, "the basic principle does not mean that the behavior of investors and shareholders subject to the qualifications-one correspondence between the relations. Articles of Association the company and shareholders, internal constraints and external effects with the publicity, there is no record in the articles of association shareholders who do not have the qualifications of the shareholders. In general, shareholders of the Company set forth in the register of shareholders is presumed to shareholders, but not recorded in the register of shareholders so that the right to have a creation function, only in publicity between the company and the role of shareholders, the shareholders have not been recorded in the register of shareholders and does not necessarily qualify does not have shareholders. Certificate is only proof of the shareholders only invest capital contributions or shares are the legal owner, is a proof of property investors have funded evidence can not prove exists between investors and members of the attribution of the company, it is not the certificate to the shareholders Of course, shareholders of the company eligible to claim. Business registration is the third major effect to the company, shareholders and of the transferee bona fide third party other than the business can only register to identify the investor or the assignee of the shareholders eligible shareholders within the company confirmed that no qualifications to industrial and commercial registration is required. Qualified transferee shareholders can enjoy a legitimate basis for the equity transfer agreement in effect changes to the company to apply for registration or qualification to the people's court for confirmation of the shareholders. In the case of stock grants, the recipient and then enjoy the ability to obtain shareholder qualification is that the other majority shareholders are the shareholders agree. For the case of inheritance shares, as co-owned limited liability company of both nature and people together, then asked the parties for the stake in front of succession to the restrictive provisions in the Articles of Association, if no contrary statute, its successors may, of course to obtain shareholder qualification.The fourth part of the special circumstances of the qualification to make a detailed analysis of the shareholders and investors for some purpose, to certain of its assets in companies, the use of the name of another and not necessarily in their own name. Emerged, such as false shareholders, shareholders of dry, empty shareholders, shareholders and other dormant series of special circumstances. As the use of different name, creating a variety of legal relationships, and different legal relations not only affected the interests of access to the actual investment, and its responsibility for the formation of a different state.Finally, the epilogue is the author of some of the shareholders under different conditions for qualification of a small sum, is an abbreviation of the whole chapter.