On Cognizance Of Shareholder’s Qualification Of The Limited Liability Company

In recent years, the practice of shareholder qualification is more common in disputes, the confirmation of shareholder’s qualification is clearly the basis for solving other disputes in the field of company law. The dispute confirmed the qualification of shareholders, as an independent civil case. To prove that, it has an important position in the practice of company law stand. Coupled with the existence of a large number of shareholder qualification disputes in judicial practice, if the standard is not clear, it will produce a variety of conflicts of interest. Obviously, shareholder qualification has become a hot and difficult problem in the practice of our country. The dispute of shareholder qualification is very obvious in the limited liability company. But in China, shares of the relevant shareholder capital east the confirmation of the qualification of the theoretical system is not mature enough, legislative effectiveness remains to be tested, practice difficult to get rid of shackles of multiple criteria. Therefore, this research has very important significance.This paper focuses on the practice of shareholder qualification of limited liability company, and there are five parts of the content, mainly from four aspects of the content of the study are discussed.The first part is the introduction, the main content of the introduction is from the background of the topic, research significance, research status, research methods and innovative points of the five parts of the content.The second part is the basic problem of shareholder’s qualification of a limited liability company. The connotation of the shareholder qualification are analyzed, and a comparison of the similar with the qualification of shareholders, such as shares, equity and shareholder rights. Then the shareholder qualification mode is described, there are two kinds of method, one is the original, the other one is made by the following.The third part is the shareholder qualification confirmation standard. The limited liability company shareholder qualification confirmation standard with the company’s articles of association, actual investment, investment certificate, register of shareholders and the business registration, has carried on the analysis from the concept and function. The qualification of shareholders liability company confirmed the principle of autonomy and the publicity principle of combining, the principle of balance of interests, the principle of prohibition of evasion of law.The fourth part is the analysis of evidence on the shareholder qualification of limited liability company.Including the comparison on the confirmation of qualification of shareholders and on the basis of evidence and conflicting evidence of the effectiveness of the two part of the content analysis. The evidence is divided into basic certificate, evidence and evidence against the presumption.The fifth part in the judicial practice of shareholder qualification common problems and solutions. Inheritance of shareholder qualification of the defective capital contribution, equity transfer and shareholder qualification are discussed. Every kind of problem, analysis of legislative mode and the Countermeasures of the problems in the practice, almost from the external point of view, China.