Study On The Inheritance To Shareholder Qualification Of Limited Company

The current "company law" Article 75 states: " After the death of individual shareholders, the shareholders may inherit his law qualifications; however, unless otherwise stipulated by the articles of association." Below, the author first discusses the relationship between the rights of shareholders, shareholder qualification as well as the two, and then discusses the inheritance of the traditional law theory about the property inheritance range, that is the object of inheritance, the qualification of shareholder ownership on the definition of the academic circles, and that the shareholder qualification as identity right, not inherited in the inheritance law the provisions of the property category list. The world through the recognition of the object of inheritance, does not include the right of the identity. Then, the author discusses the practice in the emergence of heirs inherit only investment and is not willing to become the company’s shareholders, because of the inheritance destruction of company of company deadlock occurs and caused to the successor to become shareholders of dissent shareholders withdraw from the company management problem of the original, is the current "Company Law" article seventy-fifth no breakthrough and problems to be solved. So, death limited natural person shareholder, the shareholder qualification whether be inherited? Although the current "company law" article seventy-fifth that shareholder qualification can be inherited, but this provision wording is accurate? The world is how to regulate the inheritance of shareholder qualification problem? Then the author compares the two legal systems in the world about the different legislation of shareholder qualifications inheritance and equity, in order to obtain the inspiration. Then, in the third part of the thesis, the author mainly discusses the shareholder qualification evaluation on our national inheritance legislation, and points out that the conflict of China’s "company law" article seventy-fifth legislation and our country "law of succession" about the object of inheritance, and to inherit the tradition law theory analysis of "company law" article seventy-fifth of the lack of. Finally, the author put forward by inductive analysis, to build a reasonable inheritance obtained limited equity and shareholder qualification system, from the aspects of legislation, the articles of association of the company and shareholders and the industrial and commercial registration system, improve has the death of a natural person shareholder heir to the rights of shareholders of the inheritance and the heir to the shareholder qualification acquisition system.