| Qualification as on behalf of the holders of shares of shareholders, the premise is clearthe actual investor in the Corporation to become the company’s shareholders. Theshareholders that qualification, is of great significance for all of the shareholders and thecompany, it also protects the company’s normal business operations while protecting the realequity. A typical case of the focus of controversy from the start, between around Shen yinGong Division Guo hong Real Estate, acts on behalf of the holders of shares or transfer ofshares the core issues, the case involving the shares on behalf of the holders of the differencebetween the transfer of shares, on behalf of the holders of the Shares the effectiveness of theagreement, shareholders that qualification issues in a more comprehensive and in-depthanalysis.In addition to the introduction and conclusion, the paper divided into five parts:Introduction of the first part, the merits. Introduces the basic facts of the case, includingthe original defendant and the third party claim and excuse.The second part, the case is the focus of controversy problem. Summed up the core ofthe dispute in this case the focus on the merits, and thus leads to the specific focus of the threeaspects of the problem.The third part, on behalf of the holders of shares of nature. Mainly includes three aspects:First, on behalf of the holders of shares basic connotation, including the concept of the shareson behalf of the holders of the shares on behalf of the holders and commission agentsdistinction, type of shares on behalf of the holders of the shares on behalf of the holders oflegal relations; Second, is the nature of the shares on behalf of the holders. Through theanalysis of the three points of view, that our country is on behalf of the holders of shares tothe mainstream view that as a kind of contract actions; Third, Summary. With case,comprehensive appraisal of the controversial a focus problem, come to the behavior ofbetween Shen yin Gong Division Guo hong Real Estate, is the conclusion of the transfer ofshares, rather than on behalf of the holders of shares.The fourth part, the difference between shares held on behalf of the share transfer. First,define the basic connotation of the behavior of the transfer of shares, including the concept ofthe transfer of the shares, an important feature of the behavior of the transfer of shares and therestrictions on the transfer of shares behavior. Second, analysis of the difference between the shares held on behalf of the share transfer. Finally, through a critical analysis of thecontroversial second focus again demonstrated the Shen yin Gong Division and the behaviorGuo hong Real Estate transfer of shares, rather than on behalf of the holders of shares.The fifth part, the effectiveness of the agreement on behalf of the holders of shares withshareholders that qualification. This section first discusses the shares on behalf of the holdersof the Agreement of the problem. Secondly, the focus clarifies how to identify the shares heldon behalf of the shareholders eligible. Including the content of the qualification ofshareholders should follow the principle of shareholder qualification doctrine Commentshareholder qualification standards. Finally, on the basis of a comprehensive analysis of thethird focus of the dispute in this case, to draw the Shen yin Gong Secretary does not haveshareholders eligible conclusions. |