| The comprehensive law is an important guarantee for and the cornerstone of theeconomic development of each country.Through the implementation of certain commerciallaw, and constantly improve the level of the law, China’s judicial department has been able toapplicate related laws and regulations to hear the cases.But the society is always changing, thelaw can not beyond the reality of the society,the creation and the design of the legal system isalso impossible to catch up with the society.In the field of corporate system, some people inorder to circumvent the restrictions of the Companies Act on the eligibility of the company’sshareholders,by the mode of "silent contribution","significant shareholders" to get the statusof shareholder.However, to the problem of the qualification of the significant shareholders ofthe company,China’s related laws and regulations does not solve this problem,Theory and thedepartment of practice failed to reach a consensus for the issue.This leads to the problem of“significant shareholders†exist in a large number in the commercial fields,and produce aseries of contradictions and disputes,greatly disrupt the company’s normal operatingmode,seriously affected the development and the prosperity of the socialist marketeconomy.Therefore,through the study on the substance and legal characteristics of significantshareholders,by the combination of relevant laws and some theories on this issue,explore thequalifications of the significant shareholders of the Company and the recognized standards ofrelated issues,this has greatly practical and theoretical significance.This paper is mainly devoted to solve the qualification problems of significantshareholders of the company in the company legal system.To study the issue this paper isdivided into four parts.First of all, the first part is an overview of the basic theory of the"significant shareholders",mainly through the social causes of problems of significantshareholders and combined with its legal characteristics.analysis the connotation of theconcept of significant shareholders,and make a preliminary definition of significantshareholders,and by analysis some other concepts associated with significantshareholders,deepen the understanding about significant shareholders.The second part of thepaper mainly research in Companies Act range,how is the legal influence of the fundedbehavior,the capital contribution certificate,the articles of association, the list ofshareholders,the business registration, the actual equity position to the shareholders’qualification,to preliminary discuss the shareholders’ qualification of significant shareholdersof the company.In the third part of this paper,through the research on Some domestic and foreign law and theorists arguedabout the problem of the shareholders’ qualification of significant shareholders of thecompany,find our preliminary direction to resolve the problem and some errors that should beavoided.In the fourth part of this paper,through research the influence of some of the basicprinciples of commercial legal system to the shareholders’ qualification of significantshareholders of the company,and through the combination of the Companies Act and itsrelated judicial interpretation in some of the preliminary provisions for the problem,explorethe standard qualifications recognized for shareholders’ qualification of significantshareholders of the company,and preliminary summed up the identification methods ofChina’s shareholders’ qualification of significant shareholders of the company and perfect it. |
