The Studies On The Identification Of Shareholder Qualification Of The Limited Liability Company

Shareholders qualification dispute mainly occurs in the limited liability company,rather than in the company limited by shares.The main reason lies in the seal of the limited liability company and people close,and the legislation is not perfect.These features lead investors to set up in the company,share certificates,the company deadlock,and the company dissolved in many links such as a large number of irregularities,result in the qualification of the shareholders is very complex.In our country,there is no clear stipulation in law about the limited liability company shareholder qualification problem, which brought difficulties to the unification of the judicial practice.In practice,cannot be clearly identified the identity of the shareholders,the enthusiasm of investors will be affected.It will also destroy the balance of internal and external interest relations.Research of relevant theories in the theoretical circle is not thorough enough,appear different in point,which makes the rules of the judicial practice about the qualification of shareholders lack a strong theoretical support.For the qualification cognizance of the shareholders,as to the difficulties in judicial trial and hot point in theory research.Plus the judge'thinking is different,lead to the same case appeared different results.Meanwhile it will influence the national unity and authority of justice.It is also not conducive to protect shareholders'rights and develop the economy.Through the research on the theory of shareholder qualification of limited liability company,firstly define the concept of shareholders,the qualification of shareholders and equity,and clarity the relationship among the three.Secondly expounds the basic principle of limited liability company shareholder qualification and the main function. Determine the qualification of shareholders of a unified thought,in order to have an overall grasp on the problem of shareholder qualification.Thirdly under the guidance of the basic principles of shareholder's qualification.Through the study of the comparative analysis of several kinds of standards,draw lessons from the essence,and in order to determine a feasible preparation standard which accords with the situation of China's national conditions.Then introduced the current shareholders qualification of different legal basis.The legal basis will be divided into two categories, the form basic and the essence basic.And on the basis of analysis different individual basic, come to the conclusion different basis for the qualification cognizance of the shareholders have different functions.Finally through to analysis the qualification of the limited liability company shareholder legislation current situation and existing problems,suggestions to consummate the basic concept of legislation, system design of the main path and specific recommendations.And put forward some concrete suggestions in solve some special qualification of shareholders in the practice. Such as defective capital contribution of shareholders,dormant shareholders etc.In conclusion, on the basis of research results of the theory,discussion on the practical problems of shareholder qualification of limited liability company in China,in order to promote the company law theory and legislation and judicial practice in shareholder qualification cognizance of exchange, integration and promotion.