Shareholders Of The Limited Liability Company Research Qualification

Qualification of shareholders to determine whether an investor shareholders’rights，the most important prerequisite to assume the obligations of the shareholders.Qualification as a shareholder issues identified Co.，Ltd. shareholders qualificationusually issued shares in a limited liability company，that standard，generally do notdoubt justice. For limited liability shareholders qualifications，identified problems，thetheory of the act has not been given enough attention，countries legislation relating togeneral qualifications recognized standard special provisions uncommon. With thesocial and economic development in China，the People’s Court accepted the companydisputes have increased significantly. Which account for a large proportion of thenumber of cases involving shareholders qualification. However，China’s CompanyLaw does not expressly require qualification for shareholders，the relevant judicialinterpretations have not yet developed. Theory of company law sector research focusis more concentrated in the field of protection of shareholders’ rights，corporategovernance structure，or the restructuring of state-owned enterprises，qualification asa shareholder identified specific research results seem few and far between. DualAbsence of legislation and doctrine，leading to many problems in the trial practice，understanding of local courts and judges，resulting in the difference between the judgethe results in the same case， affect the unity of the national judicial authority，is notconducive to the protection of shareholders’ rights and economic development.Therefore，this paper aims to summarize the results of theoretical studies to explorethe shareholders of limited liability company in China found common practice aimedat promoting the theory of company law and the judicial practice identified in thequalification of shareholders on the issue of exchanges and fit.This paper is divided into four parts，approximately twenty thousand words.The first chapter is an overview of the qualification as a shareholder identified.Divided into three parts，the first is the definition of the meaning of the qualificationas a shareholder identified；Second，it analyzes the qualification of shareholders andshareholders， the relationship between equity；Finally，elaborated the legal sense ofthe shareholders qualification.The second chapter the principle of shareholder qualification are discussed. Theauthor believes that the principle should be applied in shareholders’ qualification should include not only the unique principles of commercial law，should also includethe principles of civil law. Commercial-specific principles main contents include:maintain the principle，the principle of combining the principle of balance ofinterests，the interests of mandatory，commercial formula ’and the appearance ofprinciple. The principles of civil law include: the principle of autonomy， thesanctions to circumvent the principle of legal acts.The third chapter of this article clearly of limited liability company shareholdersqualification standards and evidence. The identified shareholders share holdersqualifications standards and substantial elements of the formal requirements of thestandard. Evidence of the formal requirements for standard shareholders’ qualificationinclude: the Articles of Association，a capital contribution certificate register ofshareholders，business registration. Shareholders qualification under the standard ofsubstantial elements of evidence include: equity contribution and the actualenjoyment.Chapter2of this article is on the basis of the first three chapters，discusses thepractical problems identified common shareholders qualifications. Shareholdersqualification common practice four scenarios: First，in the circumstances of the flawsof capital shareholders qualification； defective shareholders equity transferqualification；formal requirements exist qualification as a shareholder in the Hazardidentified；Fourth，there is the qualification of shareholders in the case of anonymouscontributors.