Research Of The Confirmation Of Shareholder Qualification

Companies have a pivotal position in the development of the market economy. They stimulate the rapid development of the market economy and bring considerable economic benefits for the community and investors. The company owners’ or the shareholders’ Decisions and their sincere cooperation play a very important role in a company’s performance, which made it essential to establish a mature confirmation system of shareholder qualification. Recently, disputes over company’s lawsuit matters increased dramatically, a considerable part of which are disputes on shareholder qualification. In China Company Law provisions of the shareholders qualification standards, only confirmed the register of shareholders and the company’s articles of association on the basis of evidence. According to the existing legal provisions, but anyone who is recorded in the register of shareholders are presumed to shareholders; And when the company’s articles of association and the register of shareholders and conflict, then the shareholders shall prevail, and the effectiveness of the industrial and commercial registration is against a third party. Also can have the other contrary evidence to overthrow the foregoing evidence, but did not make clear judgment regarding the validity of the other contrary evidence, which is the root cause of the qualification of shareholders complex and difficult.Although China Company Law stipulates the evidence sequence for the confirmation of shareholder qualification, there are other standards in practice which bring confusions in judicial disputes on the confirmation of shareholder qualification. In order to explicit the shareholder qualification and settle disputes, this paper gives several suggestions on the basis of the study of information announcement system, disclosure dormant investors, system of the expulsion of shareholder, the possibility to establish a special law about the confirmation of shareholder qualification.