Discussion On The Shareholders Qualification Problem Of Minors Inheriting

Minors inherit shareholder qualification,there is no clear regulation in company law and relevant laws in China,the theoretical circle about whether minors has inherited shareholder qualification has not form a unified understanding.Against minors inheriting shareholders are eligible think minors do not have full capacity for civil conduct,it is difficult to directly exercise their shareholder rights,minors inherit qualification of shareholders will no doubt increase the risk of business transactions.But minors capacity problem can pass of establishment and improvement of the legal system to solve,as for the improvement of the guardianship system.The development of the commercial activities,minors inherit shareholder qualification frequently,but minors inherit shareholder qualification is not clarified in judicial practice and the theoretical circle,in the case of minors inherit shareholder qualification,what procedures are in place to protect minor shareholders qualification and dead shareholders' rights is badly in need of solution.For adults benefit maximization principle and dead shareholders' property natural continuation point of view,the minors should be given the right to inherit the shareholder qualification,but in terms of commercial transaction security,we can't without distinction of inheriting shareholders qualification blindly confirm minors,for example one shareholder company shall specifically prohibits minors inherit the qualification of shareholders,after the minors inherit shareholders qualification that how to guarantee minors' rights is a problem,in order to avoid the rights and interests of minors' shareholders be violated by people from its relatives include the guardian,the existing laws,regulations rules do not explicitly.So it must regulate the actions of minors' shareholders from the two aspects of procedure and entity.