Research On Shareholder’s Qualification

With the development of socialist marketing economy, corporations have play asignificant important role in our Economic environment. After the promulgation andimplementation of the new Company Law, the legislation pattern of the Act ofCompany has Undergone tremendous changes, but it’s still not mentioned theshareholder qualification which is the basis and prerequisite of the shareholder’sequity. As of now, there are limited researches on shareholder qualification in China,most of them are debating on the basis of shareholder qualification acquisition and hasnot formed a complete system theory yet.The articles is based on Shareholder qualification of the company limited asentry point, and have a system studies which focus on acquisition and loss ofshareholder qualification, and has formed its own theory. After deeply study ofrelative theories, the author think, when confirming the shareholder qualification, weshould divide the relevant evidence into two categories, one is substantial evidenceand the other is formal evidence, and then, we should confirm the shareholderqualification based on the legal relationship associated with it is internal or externallegal relationship. When dealing with internal dispute of the company, substantialevidence has priority to formal evidence. When dealing with external ones, formalevidence has a prior validity for the protection of the interests of the third party. Aboutstatutory reasons which cause the loss of the shareholder qualification, it is necessaryfor us to enhance the Systematic study of stockholders expelled. We should set up our own regulations about stockholders expelled on the basis of research the foreignlegislation, and make the economic development of our country more stable andsustainable.