Theory Of Acquisition And Recognition Of Limited Liability Company Shareholder Qualification

According to the relevant provisions of China's corporate law, limited liability company shareholders will be composed of all the shareholders, the shareholders will be the power of the company. The shareholders of a company shall enjoy the rights of asset returns, participation in major decisions and selection of managers. Equity can be divided into two parts, the ownership of the shares of the company and the special rights of the company and other civil subjects arising from the ownership of the shares. Equity in the operation and management of the company, in the core position, is related to the party's control of the company, the impact and its direct property interests. Therefore, in practice, the parties of ownership problems often controversial, we need to identify through some standards and elements of equity exists and go where all hand, protecting the legal rights of shareholders, the shareholding structure of the company has made clear, stable recovery of corporate governance.The parties dispute the ownership attribution, often propaganda their own shares in the company, shares or shareholders. So, what is the meaning of shareholders' qualifications, and what is the relationship between it and the equity? This paper argues that the shareholder qualification is refers to the civil subject as a kind of identity and status of the shareholders, the shareholder qualification itself is not a kind of right, but the shareholder qualification is of course become a shareholder of the company, the shareholders enjoy the legal provisions and articles of association of the company the right to become shareholders of course also represents the ownership of shares. Therefore, in this sense, the ownership of shareholders is equal to the issue of ownership.However, China's company law does not expressly provided for shareholders to get the qualification of effectiveness, is that there is no explicit legal provisions of civil subject to complete what behavior, meet what conditions or what is the inevitable fact, or has achieved the qualification of shareholders, therefore, this paper will study the existing legal provisions by Law Company Law of China Ltd. management and system, combined with the basic principle of the relevant legal system of our country and international civil law, property law and other laws, this paper first discusses the relationship between the shareholder qualification and the meaning of the rights of shareholders, equity shares, and other related concepts, to define the connotation and extension of shareholder qualification, the qualification of shareholder ownership of clear identification of important significance and the value of shareholders' rights of ownership, in accordance with the sequence context of civil subject general shareholder qualification, research and discussion The way to obtain shareholder qualification certificate, valid, basic problem elements and so on, to clarify the acquisition of shareholder's qualification must be based on the(statutory regulations or the company's articles of association) form of objective and complete and need to be proved by the objective and publicity documents must and certificate issue, focuses on the analysis of the qualification of the shareholder of the company law system in our country has four elements in the two aspects of subjective and objective, subjective elements have two: one is the subject of civil rights has the ability to become a shareholder of limited liability, the two civil subject has become shareholders of the intention, the objective effect element has two: one is the civil subject to statutory regulations or the articles obtained stock ownership, two civil subject is the identity of the shareholders other shareholders agree. Finally, the cognizance of the qualification of shareholders launched some research, from the acquisition of shareholder's qualification cognizance standards, there is no evidence to judge, discretion and facts of the basic principles and methods, the main contents of the right documents and vouchers to resolve the conflicts of rules and methods and other aspects, the key problems of shareholder qualification the four is to identify effective elements of civil legal acts of civil subject is in accordance with the shareholder qualification in this paper the determination of facts and evidence of the review should be around four basic standards to force the conclusion, so as to solve the problem of how to determine the shareholder qualification of a limited liability.This study will also inherit, in the qualification of shareholders on behalf of the holders of the relevant agreement system discussed the problems in the practice feasibility of stock ownership and shareholder rights separation theory, which is more comprehensive and accurate understanding of shareholder qualification and recognition of the problem.