Research On Confirmation Of The Shareholder Qualification Of Limited Liability Companies In The Process Of External Equity Transfer

How to define the shareholder qualification in the process of external equity transfer are the mainly research theme in this thesis.The cases of shareholder qualification accounts for a large proportion in the dispute of company,and it is also the difficult problems which our country encountered in judicial practices in recent years.since the implementation of <PRC Company Law> have solved many difficult and hot problems,but it put less concern on the problem of shareholder qualification.Furthermore,our country didn't form a unified standard for the theory of shareholder qualification.when encounter the similar cases,our courts made many different judgments in the same case based on existing laws and judicial interpretations.It is not only unfavorable to the unity of the standards for the confirmation of shareholder qualifications,but also do harm to the judicial authority.Balancing the conflict of interest among the company,shareholders and third parties is the value guide of article.The purpose of the thesis is mainly to find out how to effectively regulate the qualifications of shareholders.The article follows the following research ideas,start with the basis of the relationship between the ownership of stock rights and the qualifications of shareholders,establish the criteria for the confirmation of shareholder qualification in equity transfer.Then,analysis the current situation of judicial adjudication in the transfer of equity in the limited liability company,by searching the cases relate to company law in Peking Law website and China Judicial Document Network.In addition,compare and learn the views of foreign country,and finally,combine the relevant theoretical viewpoints of the academic community of China,trying to perfect the issue of identifying the right holder in the process of equity transfer.In addition to the introduction and conclusions,this article consists of four parts.The first part introduced the basic concepts related to the qualification of shareholders.Under this premise,an analysis is made of the theoretical perspectives of equity,shareholder qualifications and shareholders.focusing on the relationship between shareholder qualifications and equity ownership.The relationship between them is taken as the starting point of this thesis to discuss whether it is an integral or a differentiation relationship.This is a theoretical groundwork for identifying shareholder qualifications in the process of equity transfer.The second part selects some typical cases from the China Judicial Document Networkand the peking law website,analyzes the status of the judiciary judgement of different judgments of shareholder qualification dispute cases of the limited liability company in China,and discusses the theoretical basis behind the case judgment.The record of the articles of association involved in this part and the industrial and commercial registration activities belong to the formal requirement.The investment behavior and the capital contribution certificate are the substantive requirements criteria for the qualification of the shareholders.In this section,each type of identification standard has a corresponding case to support.The third part mainly analyzes the existing problems of shareholder qualification determination in the transfer of foreign equity,mainly from the aspects of lack of legislation,inconsistent judicial judgment,incomplete commercial registration and imperfect internal equity management of limited liability company.The fourth part on the premise of exploring the status of China's shareholder qualification and judicial practice,synthesis the problems encountered in the process of equity transfer.Starting from the perspective of comparative law,compare the characteristics of the typical countries in the two major legal systems in the legislation of shareholder qualifications and the standards of identification.Learn the theoretical knowledge and practical experience suitable for China's equity transfer and shareholder qualification confirmation,and then put forward suggestions perfecting our country's shareholder qualification rules.