On The Identification Of Eligible Shareholders

The confirmation of shareholders' qualification is very important both theoretically and practically, and requires careful examination in handling many company law cases. Since China's company laws and regulations still have plenty of room for improvement, theoretical studies on the qualification of shareholders are inadequate now. Moreover, owing to the irregular establishment and management of companies in practical cases, as well as the different confirmation standards of shareholders' qualification throughout the country, it is really difficult to handle the disputes properly, and a unified criterion is in urgent need. However, the regulations of the new Company Law in China are yet too stereotyped to be implemented efficiently.This thesis, which is based on the research of abundant company law literature, academic papers, and case analysis, conducts a study on capital contribution, company regulations, industrial & commercial registration, register of shareholders, capital contribution certificate and shares, as well as the function of the practical shareholders' rights in confirming shareholders' qualification. It then sets forth the basic principle of shareholders' qualification, pointing out that it should obey some general rules, e.g. maintain the stability of legal relations, balance the interests of parties, give priority to the interest of the innocent third party, reflect Marxist publicity and Marxist appearance (德语词: Scheintheorie) of the Commercial Law, punish the act of evading law enforcement, follow the line of thinking which is derived from the principle of protecting the interest of the innocent third party, and in addition to that, identify if the controversial legal relations belong to company's interior or exterior legal relations. Furthermore, taking into account the specific disputes and some special kinds of qualification, this thesis makes an approach to the general rules that should be obeyed when confirming shareholders' qualification..