The Shareholders Qualification Of Partnership Enterprises

The issue about the eligibility of the Partnership Enterprise’s shareholders refers to whether the Partnership Enterprise has the ability to obtain the identity of the shareholders of the company through contributing to the company or not, exploring the necessity and feasibility of the Partnership Enterprise (not the Nature Partner) to obtain the qualification as a shareholder. This is a new topic. China’s legislation did not have an accurate answer to this question. As a result, dissenting voices has been popular in theoretical circles. However, with more and more partnership enterprises being built, especially the Limited Partnership Enterprises have permeated through various types of companies in practice. So, it is an urgent theoretical question to differentiate the shareholders’ qualifications of partnership enterprises.It is obvious to find out that, by inspecting the foundation of comparative law about shareholders’ qualifications of partnership enterprises, the main countries and regions are accepted the shareholders’ qualifications of partnership enterprises directly or indirectly. They hold the opinion that the Partnership Enterprises have the power to hold shares in their own names, but not the partnerships’. In comparison, China’s legislation and theoretical research have been in a backward state.Actually, It’s of necessity and feasibility for China’s legislation to confirm the shareholders’ qualifications of Partnership Enterprises. In practice, Partnership Enterprise has been comprehensively involved in the development of corporation. In theory, Partnership Enterprise has the foundation of Jurisprudence, Civil Law and Company Law to become the shareholders of a company. In legal, as a representative of normative document of law, Administration of Foreign-invested Venture Investment has recognized the behavior of obtaining the identity of the shareholders of a company thorough contributing to the company officially. Therefore, we should recognize the eligibility about the Partnership Enterprise’s shareholders as soon as possible.In order to obtain the eligibility of the Partnership Enterprise’s shareholders, the certain formal requirements and substantial requirements are necessary. For example, the effective establishment of partnership enterprises, determination of the exercise of the rights and the records or signature on the document which intimate shareholders identity are several elements of the requirements. The way to obtain the eligibility of the Partnership Enterprise’s shareholders includes original acquisition, derivative acquisition and bona fide acquisition; In the meantime, if the stock right is transferred, the partnership is dissolved, the company stops running, shares are cancelled or removed by the company, the partnership will lost the shareholder qualification.