Research On The Confirmation Of Shareholder’s Qualification Of Limited Liability Company

Recent years, company cases at confirmation of shareholder’s qualificationoccupy a big rate in all company cases. Confirmation of shareholder’s qualificationis the premise of solving a lot of disputes. Confirmation of shareholder’squalification involve a series of basis to be examined and confirmed, is acomplicated matter. The is no explicit standard for confirmation of shareholder’squalification, similar cases cause different judgements. Therefore, studyingconfirmation of shareholder’s qualification is very important in theory and practice.Beside introduction and conclusion, this paper consist of four chapters.The first chapter: the basic theory problems of confirmation of shareholder’squalification. First, defining what is shareholder’s qualification. The essence ofconfirmation of shareholder’s qualification is to confirm whether somebody who haspossessed basic qualification can obtain confirmation of shareholder’s qualification.The essence of confirmation of shareholder’s qualification is to confirm whethersomebody who has possessed basic qualification can obtain confirmation ofshareholder’s qualification. Next, studying the value of confirmation ofshareholder’s qualification in law thoroughly, confirmation of shareholder’squalification is the basis of acquiring or exercising shareholder right and foundationof safeguarding lawful right of right holders.The second chapter: the evidence and principle of confirmation of shareholder’squalification. The evidence are the shareholder register, the articles of association,exercising the rights of shareholder in practice, the articles of association, thischapter first define those evidence and their effectiveness. When we confirmshareholder’s qualification in the company, we should probe into people’s realexpressing theory from people’s arrangement. When people out of company relate tothe dispute, we should protect shareholder people out of company’s benefit ofprinciple of externals.The third chapter: Studying the comparative law about confirmation of shareholder’s qualification of limited company. The Anglo-American law systemrelies on register of shareholder，the continental law system accepts the theory ofdichotomy，and advocates the application of substantive and formal requirementsrespectively. We think the theory of dichotomy is the tendency of development ofstandard of confirmation of shareholder’s qualification.The fourth chapter: the review and consummate of confirmation ofshareholder’s qualification in our country’s legislation. This chapter first introducedour country’s legislative situation about confirmation of shareholder’s qualificationand discussed the shortcomings. Next, we suggest when solve the disputes aboutconfirmation ofshareholder’s qualification, we should advocate the application of substantiveand formal requirements respectively in relations in and out of the companyaccording todifferent functions. When we solve the disputes about confirmation ofshareholder’s qualification in the company, we should consider substantiveevidences; when we solve the disputes about confirmation of shareholder’squalification out of the company, we should consider formal evidences andfundamental principle public summons and openness. Last, concerning anonymousshareholder, defective funding shareholder, transferring defective shareholder’s rightgave improved suggestion.