On Qualification Of Shareholders Under Special Circumstances Of Limited Liability Company

Of a limited liability company shareholder qualification in the dispute,is mainly due to a limited liability company in the establishment and operation of general rarely according to laws and regulations,which is often is according to their respective interests and original experience,especially for provision of shareholders,the equity transfer related file changes,the problem such as industrial and commercial registration change often exists in most of a limited liability company.Three times at the same time,our company legislation,although after correction,continuously improve and perfect the relevant provisions,but inevitably has yet to practice some of the problems have not fixed,even with related stipulation,no refinement and not is operational,makes the judge interpretation of the legal work harder,only according to the legal principle and legal theory and using the method of legal interpretation,this means that the need for such problems are trying to theory construction and practice.Therefore,it is necessary for the flaws capital contribution,dormant investment,impersonate investment shareholders qualification in special circumstances,such as research,this article through the literature review method,the analysis methods such as comparison method,dialectical materialism,taking the study of the subject,aims to make specification for the equity of our country the dispute phenomenon provides some constructive Suggestions.Apart from the introduction and conclusion,the paper is divided into four parts:The first part: summary of related basic theory,mainly for the flaws capital contribution,dormant investment and impersonate investment situation of shareholders qualification theory and the basis of the qualification of the concept,function,principle,basis and feasible path analysis.Part ii: the qualification of the shareholder qualification of the defect.Mainly by anda giant eagle,capital international,concord health company shareholder qualification,on the basis of case analysis,for sure,and said no,limited qualification said the dialectical analysis,and on foreign flaws capital contribution shareholders qualification of legal norms for reference,the domestic flaws capital contribution shareholders qualification reviewing legal norms,the path of different types of the flaws capital contribution of shareholder qualification are analyzed.Part iii: implicit name of capital contribution shareholder qualification.Mainly through Gu Zhenyu owed his job with Shanghai industry and trade co.,LTD.,shareholders qualification confirmation,on the basis of case analysis,the substantial requirements and formal requirements standards,dialectical analysis on the difference between standard inside and outside,and on foreign dormant investment shareholders qualification of legal norms for reference,the domestic dormant investment shareholders qualification reviewing legal norms,dormant investment shareholders qualification confirmation,summarizes the specific path.Part iv: the qualification of capital contribution shareholder.Mainly through Li Zhi kingdom v.xiamen shun xin sheng machinery co.,LTD.Shareholders qualification such as the basis of case analysis,on the information abroad thisthe contribution shareholders qualification of legal norms for reference,the domestic impersonate contribution shareholders qualification reviewing legal norms,different types of thisthe investment shareholders qualification path are analyzed,and finally to impersonate behavior of the be imposter frontal benefit protection are discussed in this paper.This article possible innovation place is to the flaws capital contribution,dormant investment,impersonate investment three special cases of the corresponding confirmation standards and legal norms of shareholder qualification was elucidated.Of course,these analysis is only the author's thinking,and needs to be corrected and improved in the future practice and theoretical construction.