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Research on the Confirmation of Shareholder Qualifications in Limited Liability Companies

Author: SunPingPing
Tutor: ZhaoLei
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Limited liability company Shareholder qualification Shareholders ' qualification
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 126
Quote: 0
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Abstract


Emerging as the company made ??in the development of our country , judicial practice a variety of corporate legal relations disputes , of which the shareholders eligible confirm disputes , violations of shareholder rights disputes , shareholder responsibility borne disputes , equity transfer disputes are all directly or indirectly involved in the qualification as a shareholder confirmation problems. Shareholders eligible to confirm that the problem has become the focus of the theory and practice of community that is fair , effective precondition to solve various disputes . However , due to the lack of the relevant shareholder qualification of specific provisions in our legislation , theorists recognized the shareholders eligible to divergent problems , there are a variety of criteria , which led to the disputes of the same nature in the trial has come to a diametrically opposite judgment , triggering the confusion in the judicial practice . This is especially in the shareholders of a limited liability company that qualification . Construct shareholders eligible to confirm the theoretical system, to provide a consistent and operational standards of major significance for the judicial practice . The first part of this paper is to start from the shareholder eligibility disputes case , pointed out that our shareholders accreditation system of legislative status quo and practical dilemmas ; second part of an overview of the basic question of the eligibility of the shareholders ; The third part of the confirmation of the eligibility of the shareholders basis , which is actually funded , the actual the exercise of the equity interest in the company charter capital contribution certificate , register of shareholders , business registration and other evidence to confirm the relationship with shareholders eligible - analysis and evidence related cases ; fourth part of a critical analysis of the different recognized standards of qualification as a shareholder , according to a limited liability the principle of the qualification of the shareholders of the Company proposed form of evidence prevail exceptions apply substantial evidence \shareholders eligible to apply for registration of change and other special circumstances not confirm further analysis ; Finally, the shareholders of a limited liability company in China the qualification system construction and suggestions to benefit the companies Act legislation and practice , thereby protecting the security of transactions, coordination the interests of all parties , and to promote the sound development of the company .

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