On Legal Issues About The Recognition Of Shareholder Qualifications In Limited Companies

The shareholder qualification is the important foundation of judging the shareholder whether having rights and bearing shareholder's duty or not. In the real life, because of our Company Law have few provision of the limited company, so there are a lot of questions about the recognition of shareholder qualifications in limited companies. Therefore, it is valuable to research the legal issues about the recognition of shareholder qualifications in limited companies. Not only has it relation with the investor's and the virtuous third person's legal rights, but also concerns the companies having stable legal relationship and the development of the market economy.Although the issue of the recognition of shareholder qualifications in limited companies had been studied for a long time, they mostly focused on its basic problem of the theory in former theoretical research, such as the definition, the basic principles and the condition of shareholder qualification in limited companies, and so on. There are a few really valuable problems. Only in the idiographic cases, the research of this issue has direction. Absolutely, the issue about recognition of shareholder qualification in limited companies is not stagnant problem. Along with the time going on, there are some new problems, such as the problem about the recognition of juvenile shareholder qualification, the problem about the recognition of ESOP Association's shareholder qualification, and so forth. We can say that the study of this issue has not the outdated phenomena. This passage has new thought, which is to research each problem in the idiographic environment.This article has four chapters, except preface and abstract. The arrangement of each The first part, "The Recognition of Dormant Shareholder Qualification", uses the typical example to lead the definition, causes and standards of dormant shareholder. After fully expressing the view, I have the design of improving this legal problem.The second part, "The recognition of Minor-investing Shareholder Qualification" also use example to lead the analysis of expression forms. This chapter researches the controversy of minor-investing shareholder qualification in theoretical world. I support the view of Eclecticism, and confirm this view though finding the foundation of theory.The third part is "The Recognition of Juvenile Shareholder Qualification". It is different with the former ones. Because of "The Juvenile Shareholder Qualification" is the new phenomenon, therefore, I point out that it is legitimate to acquire the shareholder qualification. According to the different methods, juveniles can get shareholder qualification from receiving aid, inheriting, purchasing the share and as an investor.The fourth part, "The Recognition of ESOP Association Shareholder Qualification", adopts the method of drawing into the example to explain the importance of discussing the legal nature of ESOP Association. I continuously support the negative attitude on the issues about recognition of ESOP Association shareholder qualification.