| The Limited liability company is set up by the investment of shareholders, while the shareholder qualification indicates whether a person is the company shareholder. The most important legal significance of shareholder qualifications lies in it enables a person to share the stockholder's right, provides sound reason to undertake the shareholder duty and the basis status. In the practices of company, there are many ways to obtain the shareholder qualifications. In the situation of primitively acquisition, are the shareholder qualifications obtained at the time of the payment investment, or the signature over the regulation, or stockholder's list registration, or at the time of industry and commerce registration? In the situation of obtaining through transaction and inherit, the shareholder qualifications are obtained after the sign of agreement on transferring stockholder's rights, or after informing the company , or after changing the stockholder's list, or after the industry and commerce altering registration? The different reply to this kind of questions has great influence on the shareholder, the company, the creditor of company and shareholder, trading partner's benefit. But recognizing correctly the function of related documents of shareholder qualifications obtaining, the time when stockholder's rights change, has the important meaning for recognizing correctly the shareholder qualifications in the judicial practice. As a result of our country's insufficient Corporation system's , and there existing various arguments in the theorists ,in addition to the nonstandard operating process in setting up the company or transferring the stockholder's rights, causes the shareholder qualifications are not able to be obtained smoothly, thus also influences the exercises of the stockholder's right.This article attempts to use theory of the corporation law, commercial law and civil law, along with the new corporation law to solve the problems existing in obtaining the shareholder qualifications in a comprehensive and the systematic way. The key point is to analyze shareholder qualifications obtaining in the present "Law of corporation". Compared with original "Law of corporation", although new "Law of corporation" revised the capital formation system, consummated related stipulation in transferring the stockholder's rights, and added stipulation in the inheritance of the shareholder qualifications, whether these stipulation is perfect and feasible, whether they can settle thoroughly the any problem during the process of shareholder qualifications obtaining, as well as further study the respective role of articles of incorporation, industry and commerce registration, stockholder's list, investment certificate and related agreement the shareholder qualifications obtaining. This article will launch the research by taking this as the breakthrough point.This article is divided into four parts. The first part is the outline of shareholder qualifications, mainly explaining the concept of the shareholder qualifications and the definition of stockholder's rights as well as the significance of studying this article. The second part talks about shareholder qualifications' primitive acquisition, elaborating the influence on obtaining the shareholder qualifications by investment, analyzing the document and the function in the process of primitive acquisition in view of the capital installment system in new "Law of corporation". The third part is about obtaining shareholder qualifications through transaction and inherit, mainly from the viewpoint of obtaining shareholder qualifications through transaction and inherit, proposing my own views to the effectiveness of the transferring the stockholder's rights ,and the time to alter the stockholder's rights change. The fourth part talks about shareholder qualifications' acquisition in good faith . |
