The Company Law does not explicitly require the capacity of shareholders, but lawyer Zang Xiaoli of China Shareholder Rights Protection Network believes that it is not illegal for a person without civil capacity or with limited capacity to be a shareholder. Article 76 of the Company Law stipulates that "after the death of a natural person shareholder, his legal successor may inherit the shareholder qualification". Since the shareholder qualification can be inherited, it should also be given. As for the "legal heir" mentioned in the company law, there is no stipulation whether it is an adult or a minor, so minors can also accept shares. In addition, many minority shareholders have been recognized in practice, such as the "doll shareholder" incident of Bank of Beijing, and the Shanghai court ruled for the first time that the doll shareholder's shareholding was legal. The Opinions on Further Relaxing the Access of Market Subjects to Promote Local Economic Development issued by Chongqing Administration for Industry and Commerce clearly stipulates: "Except for 1 person with limited liability, with the written consent of the legal agent, persons with limited capacity for civil conduct are allowed to invest as shareholders or promoters to set up companies; Allow people without civil capacity to become shareholders of the company by inheriting and accepting gifts. " It seems that the legal status of minority shareholders has been legally confirmed.
In addition, it is possible that the relevant state departments have given a clear answer to the question of whether minors can become shareholders. For details, please refer to the Reply of the State Administration for Industry and Commerce \ [2007 \]No. 13 1 on whether minors can become shareholders of the company. Therefore, this document stipulates that minors can become shareholders of the company, and their shareholder rights can be exercised by legal representatives.