The Confirmation Of Title Of Shareholderof Limited Corporation

As a body of the market economy, the company is very important. The stability and development of the company is a key role to the development of the market economy. We can see that our country take much count of company from the constantly modify of our company law and the introduction of the judicial interpretation. Because of the imperfect of legislation and lack of standardization in practice, there are more and more company lawsuits. Most of the company lawsuits are with the relevant of the title of shareholder. The theme of the paper is to confirm the title of shareholder in a limited liability company in China. It is begin from the basic principles of shareholder qualification, according to the basic principle for the framework, analysis of the effectiveness of the specific basis about Shareholders qualification confirmation. In the view on the basis of reference and comparison at home and abroad, reference of our country’s legislation, judicial and academic circles, discuss the basis of a qualification of shareholders of the original acquirement and the non-original and the special circumstances. Research different theories, rules and factors of the equity transfer, equity inheritance, defective capital contribution, dormant contribution, contribution under somebody else’s name. Then expression the view of myself on the basis of discussion.The main content are as follows: When discuss the basic theory of confirm the title of shareholder, On the basis of it, Analysis the concept of shareholders and equity and their relationship with the qualification of shareholders. Discuss about how to achieve the Shareholders qualification. At the last of this paper discuss the five principles that have guiding role to confirm the title of shareholder. When I analysis that confirm the title of shareholder of original acquirement. First of all, is discuss the register of shareholders of Anglo-American law system, the dichotomy theory of continental law system, the three levels of rules in our country. And then, investigate the six basis of confirm the title of shareholder to find the influence about confirm the title of shareholder in different level. When I analysis that confirm the title of shareholder of non-original acquirement. This chapter select equity transfer and equity inheritance to discuss. At the discussion about the equity transfer I also select two situation: the transference of shareholders’ right is contractual conduct and with contract effectiveness, registration of gradation effect. At the discussion about the non-original acquirement I select three situations: Shareholder register registration effectiveness, Industrial and commercial registration effectiveness, Inform the transfer effect. When discuss about the confirm the title of shareholder at the special circumstances. They are the flawed contribution, the silent contribution and the contribution in assuming another name. The particularity of these contributions are as follows, first of all, these contributions are all lack of elements. second, we can not division these contributions as the way we confirm the title of shareholder as usual. Because of these reasons, these special circumstances become the difficult and hot issues.