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On the Shareholders’ Claim of Name Registration

Author: ZhuLiNa
Tutor: ZouBiHua
School: East China University of Political Science
Course: Legal
Keywords: Claim of Name Registration Transfer of Equity Industrial and Commercial Registration
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


With the development of the market economy and companies, equity has increasingly become an important form of property; stock market turnover has also gradually become an important economic and social phenomenon. The assignee, of course, expects to acquire shareholder’s qualification and enjoy shareholder’s rights through assigning equity. However, when does the assignee obtain shareholder’s qualification after stock transferred, our law does not define clearly. If there is dispute, it is difficult to confirm shareholders’qualification and it is not beneficial to the shareholders. The paragraph 3 in the article 33 of our Company Law defines that the company shall register the shareholders’name and capital contribution; such changes shall be registered with the registration authority for the corresponding changes in the registration particulars. Without registration, the change registration is invalid to a third party. What the significance of registering the shareholder’s name and capital contribution?By reasons of free transfer of equity, if the shareholders are not registered, the company can not know who the shareholder is. It should be noted that the establishment of register of shareholders is to deal with the relationship between the assignor and assignee. The register of shareholders is not the effective element to the transfer, but an element against a third party. If the assignee’s name is not filed in the registration of shareholders, the company surely can refuse to confirm the identity of the shareholders, but the contract of transferring equity between assignor and assignee is still valid. The assignee is still entitled to claim of name registration. When the assignee requests the company for registering name, the company can not reject with the except of proper reason. However, it is defined in the article 27 of“Company Registration Regulation”that the application of name registration which is signed by legal representative shall be submitted to the company registration authority when the company apply for registration modification. There is also similar regulation in the regulations of State Administration for Industry and commerce. Hence if the legal representative refuse to sign in the application, the registration authority will not modify registration due to lack of materials. The above two regulations become the factors to protect claim of name registration. From the above reasons, usually the reason that the claim of name registration can not be acquired is the problem of procedure convergence, which can be handled by improving the registration process.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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