| "Company Law of the People’s Republic of China" was amended in 2014, in the "Company Law", the investment form of a limited liability corporation change from paid-in capital contribution into subscribe capital, and remove the company’s minimum capital and a series of measures which can be seen in "Company Law" encourage investment in the legislative intent. With the increase in the number of companies, disputes which relate to inheritance to shareholder qualification will be showing an upward trend."Company Law" Article 75 provides for the inheritance to shareholder qualification, which states that make up the legislation blank on the inheritance to shareholding of the Company Law. But, the term "shareholder qualification" in the statute, can arouse the controversy about whether shareholder qualification can be inherited. In Stock Company, change in equity of the company has little effect on stability. While in Limited Liability Company, because of the characteristics of the company, controversy is triggered by the inheritance to shareholder qualification particularly serious. Therefore, this paper will analyzes the legal issues involved inheritance to shareholder qualification of the limited liability company in the following four chapters, and makes recommendations aiming at these problems.The first chapter focuses on theoretical questions about shareholder qualification. First of all, the concept of "qualified", analyzes the connotation of shareholder qualification. Secondly, carding the logical relation among shareholders and shareholder qualification and equity provide a theoretical basis for the following discussion of the inheritance to shareholder qualification. Finally, we discuss the obtaining and identification of the shareholder qualification.The second chapter analyzes the inheritance to shareholder qualification in a limited liability company from the theoretical level. Explore the legal issues of inheritance to shareholder qualification in a limited liability company. Firstly, through interpretation of "Company Law" and "Inheritance Law" determine the subject and object of the inheritance to shareholder qualification. Secondly, determine the connotation of "qualification shareholder" in the inheritance to shareholder qualification, comparative analysis the relation of the inheritance to shareholder qualification and the inheritance to shareholding, and the relation of the inheritance to shareholder qualification and the Equity Transfer. And present my view on whether shareholder qualification can inherit.The third chapter discusses the inheritance to shareholder qualification from a practical level. This section begin with a typical case, discusses the problems of the inheritance to shareholder qualification from the practical level. In this chapter, I will discuss the relationship between the inheritance to shareholder qualification and the Articles of Association, the shareholders qualification inherit when there is special body, the shareholders qualification inherit under special circumstances.The fourth chapter combines the content of first three chapters, determine the principle of inheritance to shareholder qualification in a limited liability company, and propose legislation for the inheritance to shareholder qualification in China. |
