On The Shareholder's Identification Of Limited Company

The identity of the shareholders is the foundation to achieve and exercise the rights and assume the obligations. Confirming the identity of the shareholders is the premise of solving the majority of the dispute. Whether for the internal company or for the company's creditors, conforming the identity of the shareholders properly has great importance.Generally speaking, the following are the means to acquire the identity of the Limited Liability shareholders. Firstly, participating in the company's establishment or invent money into the company to become the capital of the company's shareholders. Secondly, after the company is established, succeeding in the original shareholders' interests. Thirdly, after the company is established, when the company needs to increase its capital, you can invest money and become the shareholder of the company. No matter what kind of way a person takes to acquire the identity, the stock rights that the shareholders of Ltd hold need to declare their identities in a certain way, so that the relevant interested parties have an accurate judgment. When putting it into practice, confirming the identity of the Ltd's shareholders usually needs a combination of company's regulation, a register of shareholders, company registration files and the capital evidence documents. It also needs to combine to sign the articles of association, the actual capital and other shareholders' ideas when necessary.The author thinks that the different ways the parties use to become the shareholders should be distinguished and different formal evidence and substantive evidence should have comprehensive confirmation. In the case that the identity of the shareholders acquires originally, participating in signing the articles of association and be recorded to be the shareholders have determinant force for company. In the case that the identity of the party is succeeded, we must not only consider to transfer protocol, the legacy formal agreements, we also need to make a further inquiry of other shareholders'ideas. In addition, in the case that the third party's interest is involved, we should give priority to confirm the registration document's effect to prove the shareholders' identity considering the notification and outward appearance of the law.This article is based on company law and organization law, started with the characteristic of the Ltd's shareholders, analysis comprehensively the different kinds of evidence materials that the party acquires in the process of getting the identity. This article also establishes many principles and concrete rules. In combination with the author's personal judicial practice, the article has a exploratory discuss for concrete special identities of the shareholders. It hopes we can establish correct judicial theory idea and reasonable distribution to realize maintenance of the company's steady and seek for the value of business's safety and efficiency.in the process of confirming the identity of the Ltd' shareholders.This article raises the question from a real case that the author has handled and expounds from confirming the legal analysis of the shareholders' identity, the principle and the proof of the identity and solving the proof conflict. It makes clear its view and analysis the questions emerged in practice concerning with the shareholders' identity in some special cases. Finally it puts forward the solutions and tries to open up or new and brief road to confirm the identity of the Ltd's shareholders according to the principles and rules it has discussed to confirm the shareholders' identity.