Legal Study On The Confirmation Of Shareholder Qualifications In The Limited Companies

Company I as the market economy most important the most dynamic and productive cell, its core subject is the shareholders, obtains the qualification of a shareholder is the cornerstone of investors turned to the shareholders of a company. Only has the shareholder qualification to talk about shareholder rights and obligation of shareholders. Because our country at present to the company in the construction of legal system is inadequate and it remains to be perfect, and in the present economic activities in practice, there are many irregularities in the operation set up in the company still has a lot of personal legal consciousness, the rules of procedure is poorly understood, and many other factors. Have led to the practice in appeared a lot of controversy about equity dispute starting point lies in whether the shareholder qualification.This paper mainly through the analysis of the principle of shareholder’s qualification as well as the basis, and combining with the practice of judicial case typed problem of shareholder’s qualification are analyzed. Part of this paper is divided into four main questions, the first part mainly wrote the theoretical value of the shareholders and shareholder qualification, mainly analyzes the legal status of shareholders, the shareholders the definition of the rights and obligations, etc.Written in the second part is the principle of shareholder’s qualification, the company’s articles of association, register of shareholders, industrial and commercial registration, the actual capital contribution, contributive certificate, on the company’s actual operation and management of these identified based on the analysis one by one.The third part is mainly to write common shareholders qualification problem study in practice. Through case analysis shows that defective capital contribution shareholders qualification, dormant investment shareholders qualification, minors of the qualification, the qualification cognizance of the shareholders in the transfer.The fourth part in view of the above analysis put forward some Suggestions.