On The Cognizance Of The Shareholders Of A Limited Liability Company Qualification

Due to its special attribute, the company of the limited liability (LTD for short) basing on the highly closed trust-interest should have a set of distinct rule system of itself, besides referring to some of the rules of corporation. Contrast to the common methods, the basic channel of analyzing the subject of the paper is referring to the current legislative reform so as to demonstrate in detail the issues of great importance as well as concerns in four parts.The first part of the paper concerns with the general theory of acquiring and identifying the shareholders' quality, including two aspects. Firstly, identifying the relationship between the behavior of investing and the qualifying a shareholder is the basic root for the following, that is, the investing of the investor doesn't mean that he should acquire the share or stock and qualify himself as a shareholder. The legislations of most nations in the world hold this stand as well. Secondly, the author develops the theory on identifying the qualification of shareholder with the flaw capital. After introducing two controversial theories, the author inclines to the eclecticism of these two theories, which confirms the limit of the right owned by shareholders whose capital in the company is in defect .This eclectic theory is to some extent on the basis of differentiating the connotation of qualification from the stock right strictly.There is no denying the fact that the issue on inhering the stock has become the dazzling part of this up-to-date legislation. Therefore, identifying the qualification of the inheritors during inheriting the stock right definitely falls into the concerns of the second part in the paper. From the perspective of analyzing the inheritability of the stock right, most people in the field fail to have deep insight of the legal attribute of inheritance concerning the stock right. Taking into account the privately personal and closed characteristic of LTD., the author does her best to confirm that the inheritor should be allowed to become a shareholder of the company if he or her meet the special requirements due to LTD' s distinct attribute. Then, from the theoretical as well as legislative aspects, the paper introduces the late legislation in France and the fresh discuss on this issue in Germany, which no doubt shall have considerable influence on our legislative reform therein. On this point, the author suggests that the model of relevant legal...