Research On The Inheritance System Of Minor Shareholder's Qualification

It is a social phenomenon derived from the economic development of our country that the minor inherits the shareholder qualification of the deceased shareholder of the limited liability company and becomes the shareholder of the company.In real life,minors inherit shareholder qualification mainly through legal succession,testamentary succession and trust inheritance.From the point of view of inheritance elements,it is not inappropriate for minors to become the inheriting subject of the qualification of shareholders of a company,but there is a certain controversy on the object and content of inheritance.Because minors do not have full capacity for civil conduct,their age,intellectual status is not enough to deal with the day-to-day management of the company,objectively rely on the legal representative to exercise the rights of shareholders on behalf of the company.In legislation,there is no stipulation on the succession of shareholder qualification in the inheritance law.Considering from the double angles of maintaining the person conformity of limited liability company and the autonomy of shareholders'will,the company law stipulates that the shareholder qualification can inherit.It also affirms that the articles of association can exclude the succession of shareholder qualification,which leads to the lack of clarity of the legal basis for minors' inheritance qualification.Just because the law lacks the necessary restrictive measures to the legal representative and pays little attention to the protection of the minor's legal property,there exists the phenomenon of the legal representative abusing the minor's shareholder qualification in the judicial practice.Then the other shareholders of the company modify the articles of association,excluding the legal inheritance rights of minors,resulting in a series of moral and legal issues.While inheriting the shareholder qualification of the deceased shareholder,the minor also inherits the obligation of capital contribution and other obligations closely related to the operation of the company,which may affect the right to survival and development of the minor.When the legal inheritance rights of minors and their property rights are infringed by legal representatives and other shareholders of the company,it is often difficult to obtain timely and effective legal remedies.This is extremely disadvantageous to minors as a special subject.Therefore,when a minor inherits the qualification of shareholders in a limited liability company,the principle of protecting the legitimate interests of minors,the principle of balancing interests and the principle of maintaining the company should be adhered to,and the power of agency of legal representatives should be clearly defined.At the same time,it is necessary to strengthen the autonomous scope of the articles of association of the company,clarify the procedural provisions for minors to inherit shareholders in the articles of association of the company,and introduce trusts to maintain the development of the company.Protect the interests of companies and minors.