Research On Legal Problems Of Minor Shareholders’ Qualifications

U.S. and European countries have regulations on minors shareholders systematic and mature gradually formed a relatively complete legal system and legal awareness. In contrast, China has not yet established a minor shareholder of the system, the relevant legal rules seem too broken, due to the existence of a systematic whole legislation, thick lines and lack of maneuverability. Existing shareholders of the system did not clearly defined minor shareholders, lacking of attention to this particular group of shareholders minor shareholders, plus the practice often neglect to bring a minor shareholder risk and prevention issues.With the development of market economy, more and more domestic minor shareholders exposed, the ensuing controversy about the minor shareholders never stopped. Minor problems become shareholders of legitimacy, as the guardian of a minor " hidden shareholders ’ problem, a minor problem as promoters, etc. These all need clear.In this paper, as the company sponsors a minor problem, focusing on the use of comparative analysis method and empirical analysis, trying to learn from foreign advanced legislation and theoretical experience, reasonable legal advice on the issue of minor shareholders. This paper is divided into four parts, the first part is a minor shareholder overview, starting from the basic concepts, basic concepts clear minor shareholders, features, and make the appropriate way to obtain the analysis, as a minor shareholder issues research, analysis and learn basic foreign legislation; second part is about the minor shareholders extraterritorial legislations and evaluation, foreign legislation for analysis, comparison and research, a clear commonality with different foreign legal provisions on minors between shareholders, as improvement of minor shareholders to provide referring to foreign law; third part of a minor controversy as the relevant provisions of the promoters and analysis, from the status of China’s legislature, in-depth analysis of the existing legal regulations concerning minors as promoters deficiencies and problems as minor shareholders is proposed legal measures to improve the starting point and foothold; fourth part is to improve our legal solutions concerning minors shareholders proposed rationalization of minor shareholders on improving the legal measures, effective suggestions, clear our position on minors become sponsors, to promoting the establishment of a sound system of qualification as a shareholder of minors.