论我国有限责任公司股东资格认定标准-on the standard of shareholder qualification of limited liability companies in china.docxVIP

important document and the substantive important document aspect the confirmation potency; But in form important document whether has registered in the question, all entrusts with the form important document which registers by absolutely to recognize the potency.But promptly has not carried on the form important document after the stockholders rights transfer the registration change situation, England picks the trust to say the solution; The American law of corporation lacks the correlation stipulation.The mainland legal system main country shareholder qualifications recognized the question processing sneaks a peek at general.Regardless of is Germany or Japan, all obtains the relational stipulation to the actual investment and the shareholder qualifications which and recognized to be loose.Does not need in Germany to pay the investment also to be possible completely to obtain the shareholder qualifications, but in Japan only in fictitious name investment situation only then by actual investment artificial shareholder.At the same time, two national laws all extremely take to have male show the strength the form important document, either as recognizes the standard take the form important document, either entrusts with the form important document by first the potency.On the other hand, also recognizes the substantive important document as the balance the standard.The substantive important document often involves between the company and shareholders internal relations, involves between litigants related agreement, like actual investment person and between name investment persons approximately grade.So long as these agreements do not violate the legal compulsory stipulation, namely must receive legal the protection.Third chapter, mainly discusses in our country law of corporation the related theory, unifies the shareholder qualifications for the formulation to recognize has made the theoretical analysis.First carries out official duties the judicial benefit balance the