| Gradually the company has becoming an important business organization and part of our market economy. The aim to establish company is to obtain profit and to make property more valuable. The investors all require high repay by setting up company. As members of company, shareholders play great role in it. Therefore, as long as become a shareholder, he can have complete rights equally and enjoy the benefits legally. Be a shareholder related to whether a person can be used as an independent civil body to have rights and bear obligations to a company; related to whether a person can take responsibility for third party outside the company; related to not interests of funders themselves and other funders, but also interests of the company. Because of equality of status and identity between the subjects is the basis for valid economic activities, if the same pay is given different treatment, the investors are prone to psychological imbalance. And it also discourages investment enthusiasm, is not conducive to the rational and full use of social resources. Therefore, it is significant to confirm eligibility of the shareholders in the company’s business operations.Limited Liability Company occupies a pivotal position in our corporate form. Confirmation on shareholder qualification disputes has accounted for a large proportion in limited liability company disputes, so dealing with this issue well is to have a significant role of reducing company disputes. Shareholder qualification accreditation disputes, not only conducive to the development of a limited liability company itself, realize the interests of relevant parties, protect their rights from getting hurt,but also conducive to the healthful and orderly operation of the market economy, add vitality to the community, and create more value to promote the society advancement. This paper summarizes the results of previous achievements; employ the way of studying case, in order to find a better solution on shareholders qualification confirmation.In addition to the introduction and conclusion, this thesis covers three parts, each chapter is organized as follows:Chapter one:first sort out judicial cases related to confirmed shareholders qualification from February 23,2011 to July 22,2013 (according to the judgment time); expand mainly from the following aspects:type of Business Corporation, geographical distribution, type of controversy, focus of controversy, the referee evidence and trial basis and so on. Then analyze the cause of arising shareholders qualification confirmation disputes. At last come to conclusions.Chapter two:introduce theories on limited liability company shareholders qualification confirmation disputes. Expand the following order:definition of concepts related to shareholders qualification confirmation, contains shareholder and shareholder qualification, shareholder rights and shareholder qualification, equity ownership attribution and investment attribution, investors and shareholders qualifications, company registration and qualification as a shareholder; standards of confirming shareholders qualification; principles of confirming shareholders qualification; theories on measuring interests of the shareholders qualification confirmation, Content includes not only academics achievements, but also the author superficial point of view.Chapter three:several problems which are common in practice but are not clearly defined in company act, at last analyze and deal with these issues. Consists of the commission of share ownership; transfer the possession of stock right; the funded contract and the loan contract; refund and return equity. First of all, make a description on the typical case, and then generalize and introduce the theory problems of these issues, and at the last step propose solution ideas. At the process of analyzing above issues, the author use own words combined with the case. The major theory is how to measure the different interests between different subjects. |
PDF Full Text Request