Research On The Confirmation Of The Qualifications Of The Shareholders Of My Country's Limited Liability Companies

The research on shareholder qualification of limited liability company is always the hot topic of theoretical and practical circles.Because there is no unified standard of shareholder qualification in China,there are many disputes in practice,and different cases have different attitudes towards them.At the same time,theoretical research has failed to reach an agreement on the criteria for the qualification of the company's shareholders.This paper starts from the concept of shareholder qualification,and then discusses several documents of the shareholder's qualification certificate,then analyzes several special cases,and puts forward the standard of identification.The author puts forward the following Suggestions: first,the general standard of determining the qualification of shareholders;The second is to clearly identify the legal effect order of various forms of documents;The third is to improve the relevant system of the register of shareholders;The fourth is to expand the scope of the exercise of shareholders' right to remove namesThe thesis is divided into five chapters by the research object of the shareholder qualification of the limited liability company.The basic theory of limited liability company shareholder qualification first,put forward the definition of shareholder's qualification,and on this basis discusses the qualification of shareholders related concept secondly,discusses the way for the qualification of a limited liability company shareholder,has two kinds of original acquisition and having been obtained.limited liability company shareholders qualification standards and validation principles proposed in line with the interests balance theory,the principle of limited liability company shareholder qualification mainly include: not to circumvent the law principle,the appearance of the publication principle,third person interest priority protection principle.limited liability company shareholders qualification standards introduced and comparison of the register of shareholders of Anglo-American law system,and evaluation,and describes the dichotomy of continental law system and to analyze,finally,in combination with the practical situation of our country.the qualification of shareholders of limited liability companies under special circumstances.Of dormant investment,impersonate this chapter elaborates the concept and characteristics of the investment,performance shares shareholders,explores the hidden investment,impersonate investment,performance shares shareholders causes and its qualification rules.The problems and Suggestions on the confirmation of shareholder qualification in China.It points out the existing problems in the qualification of shareholders in China: the general standard of the qualification of shareholders is not clear;It is not clear that the legal effectiveness of the various forms of documents of the shareholder is determined;The relevant system of the register of shareholders is not perfect.Finally,the author puts forward some suggestions on the above problems.The innovation of this article is a limited liability company shareholder qualification of the study is not limited to technical rules related to the qualification of shareholders,but to deeper thinking behind corporate law concept.In the new "company law" and carrying out system reform under the background of industrial and commercial registration,a limited liability company shareholder qualification according to a new change: subscribed capital contribution or actual investment,and as a limited liability company shareholder qualification of evidence;The inevitable result of shareholder qualification is the actual enjoyment of shareholders' rights,but in the case of shareholders' qualification,the actual shareholder's right is the condition or reason,etc.