Dissertation > Excellent graduate degree dissertation topics show

Case Analysis Regarding the Confirmation of Shareholder-qualification in Limited Liability Company

Author: BaiZhenXiang
Tutor: LiuGuangHua
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: Limited liability company shareholder-qualification confirm
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 198
Quote: 0
Read: Download Dissertation

Abstract


In recent years, with the limited liability company shareholder-qualification confirming disputes increased, how to reasonably solve the specific confirmation question of shareholder-qualification in this kind of company has been becoming a growing concern with the theory circle and practice circle. As the current legislation lacks a clear definition of shareholder-qualification, and the Supreme Court has not issued a judicial interpretation concerning the unified standard of shareholder-qualification confirmation, judges fulfill their duties respectively with multi-standard in judicial practice, the judicial authority has to some extent been undermined. Facing this kind of dispute in judicial practice, firstly, we need to clarify the guidelines of shareholder-qualification confirmation, correctly evaluate the proving validity of such evidence as articles of association, register of shareholder, investment certificate, company registration, capital contribution, enjoyment of shareholder-right; secondly, we need to differentiate between the interior disputes and the exterior disputes, to follow the principle of private autonomy in civil law and the principle of appearance doctrine in commercial law, to seek the disputing parties’consensus, to protect the bona fide third parties’ interests, according to the prima facie evidence and essential evidence, to confirm shareholder-qualification fairly and reasonably. In the process of admissibility of evidence, special attention needs to be paid on correctly identifying the effect of company registration on the basis of case details. Company registration should be considered to possess public notification power of showing shareholder-qualification with the bona fide third party. Namely when the bona fide third party trades with the shareholder who has been registered in company registration based on trusting company registration, even if this record is not the real case, nor does it make transactions null and void; but when the legal relationship only involves disputes within the company, company registration shouldn’t be considered to have the effect of creating shareholder qualification due to its official document attribute.

Related Dissertations

  1. On the Dormant Investment in the Limited Liability Company,D922.291.91
  2. Research on the Perfection of the Dormant Shareholder Legal System,D922.291.91
  3. Legal Explore and Analyse on the Cognizance of Shareholder Qualification of a Limited Liability Company,D922.291.91
  4. Companies anonymous contributors Legal Issues,D922.291.91
  5. On the anonymous contributors shareholder qualification,D922.291.91
  6. Theoretical study of U.S. patent confirmation of v. litigation.,DD915.2
  7. Shareholder qualification Legal Issues,D922.291.91
  8. Research on the Confirmation of Shareholder Qualifications in Limited Liability Companies,D922.291.91
  9. The Legal System Analysis on Inheritance to the Sharehold’s Qualifications of the Limited Liability Company,D923.5
  10. Analysis of Contract Fraud Crime,D924.3
  11. Analysis of derivative financial instruments related to accounting issues,F233
  12. Administrative proceedings confirmed the judgment of the illegal,D925.3
  13. Shareholders' pre-emptive rights exercise conditions of the limited liability company finds study,D922.291.91
  14. Equity on behalf of the holders of the legal issues,D922.291.91
  15. Shareholders under the dormant investment qualification and conflicts of interest under the Legal Regulation,D922.28
  16. Township party electoral reform,D262.2
  17. Study on Application of Derivative Financial Instruments in China,F832.5
  18. Criminal and Native Mode of Proof,D925.23
  19. Studies on Confirm the Patent No Infingement Case,D923.42
  20. On the Shareholder Inspection Right of Limited Liability Corporations,D922.291.91
  21. On the Regulation of Dormant Shareholders of Company,D922.291.91

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net  Mobile