Comments On The Confirmation Of Shareholder Qualification Dispute By Wang

The twelfth session of the Standing Committee of the six National People’s Congress unanimously adopted the amendment of the company law. The salient points of the amendment are embodied in the: The first, the company law prior to the provisions of the registered capital paid into the system to pay the registered capital subscribed system;The second is to cancel the limited liability company limited registered capital.This revision is of great significance to the development of the company law and the application of the judicial practice in our country.Respect for the principle of the autonomy of the company’s market, to a certain extent, to reduce the economic pressure of investors, in a great way to encourage citizens of personal freedom, and promote the economic development.However, with the decrease of registered capital requirements, the emergence of a large number of shares of the limited liability company disputes.In dealing with these cases, the judicial organs usually want to determine whether the shareholders enjoy the qualification of shareholders and then carry out the work of other shareholders’ disputes.Because of the judicial organs and the academic community has a different view, so in dealing with this kind of cases often because of the standard is not consistent with the opposite results.Therefore, in practice, it needs a set of standards and principles to confirm the qualification of the shareholders to deal with such cases.This paper is divided into four parts: The first starts from Wang shareholder qualification dispute case, specific to this case, the basic case court referee points and the focus of controversy in this case are analyzed, and pointed out that the existence of the academic and practical difficulties; The second of the relevant equity and shareholder qualification concept, the principle of shareholder qualification analysis of documents and standards, the shareholders in the shareholder’s qualification is the effect conflict this system confirm the full range of angle analysis of shareholder qualification; The third is based on the results of the case analysis on the value orientation and perfection of legislation, put forward relevant suggestions, in order to provide legal support and guarantee the healthy and development of the market; The fourth is the conclusion.