Research On Legal Issues Of Shareholder Qualification Confirmation In Limited Liability Company

legal confirmation of shareholder qualification tends to solve the legal problems of shareholders’ identities in the particular circumstance of a company. However, the legal confirmation of shareholder qualification is indeed a very complicated problem, involving investment certificate, the company’s articles of association, shareholders register, industrial and commercial registration and other documents of the company which have different legal effects in domestic and abroad. Although the parties of the shareholder register and industrial &commercial registration could apply to the approval of being shareholders directly according to the No. 32 article in "company law" in China,there are plenty of practical disputes in this process. It can not be decided just only by the the shareholder register and industrial &commercial registration to confirm whether the shareholder will have the qualification, but synthesizes all the relative judgment documents. Especially in the recent few years, shareholder qualification has become a difficult issue in judicial practice in our country, such as responsibility of shareholders investment, suing for qualification of shareholder, agreement of effectiveness transferring of the stock equity, different kinds of exercise rights of shareholders, dissent and hidden shareholders issue in all kinds of resolution effectiveness of the shareholders’ committee, the occurrence of legal confirmation in the shareholder qualification of the special type performance shares holders. In order to figure out the effective ways to handle these cases, we must clear that the importance of the qualification of shareholders first and then the arguments on the confirmation of the general legal principles. Before starting a case, we should make clear the basic principles of shareholders qualification, then we will hold the whole issue from a macroscopic view during the practical process, besides adopting different standard effectiveness of shareholder qualification confirmation system from domestic and abroad to perfect the corporation law theory system of shareholder’s qualification in confirm and judicial practice.