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An Analysis on the Investment Disputes Case of Ren Sues Yu and Some Others

Author: LiBo
Tutor: ChenJinHong
School: Hunan University
Course: Legal
Keywords: qualification of shareholder rights of shareholders liquidator
CLC: D920.5
Type: Master's thesis
Year: 2013
Downloads: 6
Quote: 0
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Abstract

Since the company system set up, the qualification cognizance of theshareholders is the company’s problems in the trial. The plaintiffs Ren in the case of acertain with the defendant Yu，Shu，Xiang and Liu about folk lending dispute case,although its property belongs to the folk lending disputes, the main focus ofcontroversy is around the qualification cognizance of the shareholders. First of all, theproblem of the plaintiff as a stock contract signed with ChuXiang company legalnature, in this case the stock contract signed by both parties in content, though theplaintiff has held a stake in an agreement, the company’s articles of association,register of shareholders to make changes, the company also did not increase ofregistered capital for registration of change, and any one from beginning to end didnot enjoy any shareholder rights, so as a stock contract signed with ChuXiangcompany shall be deemed loan contract rather than a shareholder agreement; Secondly,the defendant Liu subject qualification, according to the principle of appearanceprinciples and formulas in the company’s articles of association, register ofshareholders and the industrial and commercial registration records Liu is theshareholders of a company, it shall be deemed as Liu is the share holders of a company;Again, a shareholder qualification, in a given sufficient evidence to prove that Shu isa company under the condition of anonymity funders, and comfortable as a nationalcivil servants this particular identity, should not have shareh olders qualification;Finally, the obligation for this case, the defendant in some, Liu，Yu and Xiang to alimited liability company shareholders, become a company dissolution of liquidationobligor. Their malicious escape debts, fails to perform the liquid ating obligationsstipulated in the law, the plaintiff as a creditor’s rights cannot be achieved, so themshall be liable for compensation, and according to the relevant provisions of limitedliability company liquidation obligor, Liu， Yu and Xiang shall be jointly andseverally liable for the debts to the company.

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