On The Recognition Of Shareholder Qualifications In Limited Company

Shareholder qualification, also called as shareholder position or shareholder identification, is the basis on which the investor acquires and exercises shareholder right and undertakes a shareholder obligation. The recognition of shareholder qualifications is the procedure that the People's Court gives confirmation to the above qualifications of investor which is the primary question to resolve cases such as handling the dispute of a share and the transfer of share, and holding the shareholder responsible for defect of investment. But because of the Corporation law of our country doesn't define the denotation and connotation of the shareholder either definitely recognize shareholder qualifications. All these factors lead to having no law can apply for the judicial organ to handle some related problems, and bringing difficulty for unification of judicatory, and also being disadvantageous in protect the legal rights of related right person.Through the study of the basic theories on Corporation law, commercial act and civil law this text tries to, combining the provision of the new Corporation law of our country and the experience of the Court in judicial practice, more overall and systematically resolve the problem of recognition of shareholder qualifications. The main text is totally divided into five parts.The first part raises the question, mainly explaining the practical meaning of the text.The second part commences on concept definition and its characteristic description of shareholder to acquiring and losing shareholder qualifications in order to lay the foundation for the shareholder qualifications. This part also discusses in details the basic principles of recognition of shareholder qualifications to hold it totally and unify a thinking direction.The forth part, according to the provision of the Chinese Company Law, carries on law analysis of the legal basis that contains information of the shareholders as recognition of shareholder qualifications, including the position and function of the corporation charter, the investment certification, the register of shareholders, the industrial and commercial registration for recognition of shareholder qualifications.Through the analysis the establishing purpose and meaning of each legal system, comparing with the related system in law outside, we can study the function and applying scope of the these legal basis on the recognition of shareholder qualifications. The fifth part discusses the recognition of shareholder qualifications in a few particular cases.