| One of the important role of the Companies Act is to protect the interests of shareholders, to maximize the shareholders' interests, promote the growth of social wealth and economic life and prosperity. Qualification as a shareholder is the premise of investors achieve their investment interests and assume the corresponding responsibilities and obligations of academic lot failed to reach a consensus, there is no understanding of a system. The new company law shareholders eligible to lack of clear regulations. Corporate disputes in civil cases, many involve the problem of identification of the qualification as a shareholder, along with the rising number of cases, shareholders qualification part of the solution within the company's right to know disputes, resolution of the shareholders'meeting the prerequisite and basis for issues of effectiveness and other disputes.This article contains four chapters, including the following main elements:the first chapter, shareholders and shareholders'qualification Overview. This chapter explains the shareholders, meaning and mutual relations of the qualification as a shareholder, and shareholders' qualifications to obtain and loss, the eligibility of shareholders to confirm the different legal consequences arising from the different conclusions, and recognized meaning. Chapter II, the shareholders that qualification standards. Respectively described in this chapter that standard, the main contributions of the shareholders; Certificate of Incorporation; the register of shareholders; business registration; articles of association. Funded is the shareholders of the underlying obligation, but the contribution is not necessarily a shareholder, contrary funded recognized qualification as a shareholder is not a relationship, is not the sole basis of recognized qualification as a shareholder. The investment certificate is the certificate of shareholders'capital contribution is a card the right credentials, the only investors have invested behavior, but whether the shareholders eligible to need a different matter. The register of shareholders is the company provisioned the books used to record shareholder, and other related matters, the statutory presumption of effectiveness. In addition, the articles of association based on their nature qualification as shareholders of a limited liability company also plays an important role. Business registration and Articles of Association can be used as the basis for one of recognized qualification as a shareholder, but the more to be complemented by other evidence, the facts and evidence to recognized qualification as a shareholder. Chapter III, shareholders qualification problems. Directly or indirectly on the shareholders qualification cases, this chapter discusses only five categories:how the flaws of capital under shareholders eligible to make a correct identification; and shareholders 'qualification in the case of share transfer; dormant shareholders and significant shareholders, shareholders'qualification in particular discuss both signed the contract, as well as bogus shareholders, shareholders' qualifications stem shareholders identified problem. Chapter IV, the legislative proposals to improve shareholder qualification. Analysis to explore the lack of legislation and practice of shareholder eligibility to explore and grasp of the aforementioned problems, and put forward their own proposals.I strive with the help of the following methods in the course of the study, carried out to explore the qualification as a shareholder:(A) theory with practice. In this paper, the qualification as a shareholder dispute that arose in practice, the spirit of discovery issues, analyze problems, and solutions to those problems, combined with the existing theory to analyze the difficult problems encountered, such as defects the shareholder eligibility anonymous shareholders'qualifications shareholders eligible to inherit, the equity transfer of the qualification as a shareholder, the shareholder eligibility restrictions and other issues to identify the support of theory and countermeasures.(B) comparative analysis. Can check foreign little information, only through the relevant national law, combined with the practice, theories and views the introduction of the relevant court, to provide good material for the follow-up legislation and practice.(C) inductive and deductive methods of reasoning. Combination of existing materials, shareholder eligibility of the analysis are summarized, and propose some of their own immaturity. |
