Legal analysis
The substantive standard of shareholder qualification: Shareholder qualification is first of all to contribute to the company or subscribe for shares, or acquire shares or equity by derivative, that is to say, shareholders have actual investment relationship with the company. If there is a dispute between the parties over the ownership of the company's shares, if one party wants to confirm its ownership of the company's shares according to the relevant laws and regulations, it should prove to the court that it has the following facts: First, it has invested or subscribed for the company according to law, and it does not violate the mandatory provisions of laws and regulations; Second, transfer or inherit the company's shares in other forms without violating the mandatory provisions of laws and regulations. It should be noted that if a shareholder makes a false capital contribution or withdraws his capital contribution after making a capital contribution to the company or subscribing for shares, his shareholder rights may be restricted or his shareholder qualification may be revoked. 2. Formal criteria for shareholder qualification. The second condition of shareholder qualification is that the shareholder's name is registered in the company's register of shareholders. According to the regulations, a limited liability company shall compile a register of shareholders, which shall record the following items: first, the name and domicile of the shareholders; second, the amount of capital contribution of the shareholders; and third, the number of the capital contribution certificate. Shareholders recorded in the register of shareholders may claim to exercise their rights according to the register of shareholders. A company shall register the names of its shareholders with the company registration authority. Where the registered items change, the registration of change shall be handled. An unregistered person may not confront a bona fide third party.
legal ground
Article 3 of the Company Law of People's Republic of China (PRC) is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.