The Confirmation Of Qualification Of Shareholders’ Defective Contribution

The confirmation of the shareholders not related with the qualification ofshareholder, but related with the transfer of stock、the obligation、the rights ofshareholders. To solve the problems, we must confirm the qualification of shareholderfirstly. Because,it’s the key to solve the related problems. Investment is the source ofthe property of the company, is the company capital security, basic duty is also ashareholder of the company. The necessary condition but not investment andacquisition of shareholder qualification, the shareholders can obtain the shareholderqualification. Defective capital contribution includes no contribution and inadequateinvestment. No matter how defective capital contribution forms, as long as theshareholders have the capacity for civil rights, obtain the shares of the companythrough the legal way, and the relevant documents such as the register of shareholders,stock certificate, the articles of association of the company to prove, can obtain theshareholder qualification, to become shareholders, the exercise of the rights ofshareholders. However, the defective capital contribution of shareholders to exercisethe rights of shareholders and not without limitations, such as the new capital ofpreemptive right, the right of transfer of shares, voting right should be restricted, inorder to protect the normal operation of the company, in the interests of investors andcreditors of the company interests. Defective capital contribution also relates to thevalidity of equity transfer and the defective capital contribution of shareholders on thecompany, shareholders and creditors in full recognition of the problem.This paper uses the method of case analysis of defective capital contribution ofshareholder qualification cognizance. Starting from the case of disputes compensationanda Giant Eagle Inc capital and international company, union health shareholdersright case, analysis of the case involved the law, including the identification ofdefective capital contribution, defective capital contribution and the qualification ofshareholder, defective capital contribution and the rights of shareholders, defectivecapital equity transfer and defects liability, then the case to case analysis. Through theanalysis and legal case, put forward that opinion, makes the defective capitalcontribution relates to the problem can be solved.This paper focuses on the problem to undertake blemish qualification ofshareholders, the defective capital contribution of shareholders rights, defective share transfer effect and the liability of defective capital contribution of shareholders. Thedifficulty lies in how to confirm that the shareholder’s rights scope. Through theanalysis of the legal issues on the case involved, and puts forward several suggestionsto improve the defect contribution, to provide reference for the development ofcompany legislation and practice.