A Research On The Standard Of The Confirmation Of The Shareholder's Qualification Of Limited Liability Companies

The confirmation of the shareholder's qualification of limited liability companies is not just an academic problem but also a practical problem which should be disposed as quickly as possible. The jurists of corporate law have different views to this problem. Moreover, the Corporate Law of our country has also not given a clear definition to the shareholder's qualification. The law also not contains the systematic provisions of how to identify the shareholder's qualification. This situation leads to the confusion of trial practice. One case may have different verdicts in different trial stage. In order to facilitate the trial we have to unify the regulations promptly.The Corporate Law only stipulates the validity of the shareholder's list and the Industrial & Commercial registration. With regard to the evidence such as the investment certification; the real intention of the shareholders and how to resolve the clash of above-mentioned evidences, the Corporate Law has not mentioned. The Higher People's Courts of different provinces have issued guiding opinions in connection with this problem. But it is only effective within the province.Based on the Corporate Law, this text will analyze the above-mentioned evidences by using the theory of Corporate Law and Civil Law and drawing on the good legislative experiences of other countries. During the analytical process, this text tried to find the standard for the confirmation of the shareholder's qualification.This text can be divided into four parts as follows: The first part deals with the normal theory of the shareholder's qualification of limited liability companies. It discusses the definition of the shareholder and the shareholder's qualification; the acquisition and disqualification of the shareholder's qualification and the significance of the confirmation of the shareholder's qualification. This part is the foundation for the discussion of the following text.The second part mainly states the general principles for the confirmation of the shareholder's qualification of limited liability companies. Such as the principle of reciprocity and the principle of will autonomy.The third part mainly states the specific rules and evidences for confirming the shareholder's qualification of limited liability companies and the solution of disputes among the evidences.The fourth part discusses the confirmation of the shareholder's qualification under certain special conditions. It tries to provide with solutions by analyzing the detailed problems.