Research On The Affirming Standard Of Stockholder Qualification Of Limited Ability Company

Recognizing of limited ability company shareholder's qualifications is the premise for the shareholder to exercises the shareholder's right. However, in a long time in our country, the company law system is not perfect, and the theoretical research on company law is not deep enough,so there are many controversies in the theory circle on how to identify shareholders'qualification of limited ability company.In judicial practice, because in the process of company establishment and the stock transfer the operations were highly irregular,and the courts lack the unified standards in handling this kind of dispute, bringing difficult problems to the trial practice of company law. Therefore, it's needed to abstract and construct the general standard of the recognization of shareholder qualification theoretically, as guidance to this kind of caseThis article bases on the combination of theory and practice, by the clear definition of the concept of limited liability company,shareholder and recognization of shareholder qualification,and analyzes the principle and standard of recognizing qualification of limited liability company's shareholders and the recognization of shareholder qualifications under several special situation. And by considering the legislate experience and theory of Japan and South Korea, some suggestions to perfect the affirming standard of stockholder qualification of limited ability company are given.