1. Check the shareholder information in the company's shareholder register or industrial and commercial registration form to prove that it holds shares;
2. If the enterprise is an unlisted joint-stock company, you can apply to the custody company for a shareholding certificate;
3. The actual controller can prove his actual control and control over the company's operation and management through investment relations, agreements or other arrangements;
4. The proof of the use of the business premises can be provided through the lease contract or the real estate ownership certificate;
5. Anonymous investors need to prove that they are real investors according to anonymous investment contracts or other investment facts;
6. When confirming the qualification of shareholders, various factors such as actual capital contribution, equity transfer contract and articles of association should be comprehensively considered.
The definition and characteristics of the actual operator;
1. The actual operator refers to an individual or institution that does not have the status of legal representative or is nominally the person in charge of the company and actually controls the management and decision-making of the company;
2. Usually control the board of directors or management of the company by holding a large number of shares of the company or other means;
3. The actual operators may not directly participate in the daily operation of the company, but their decisions will have a significant impact on the company's direction and policies;
4. In some cases, the actual operator may be the founder or major investor of the company and have a deep personal investment in the company;
5. Determining the actual operator is very important for understanding the ownership structure, investment risk and compliance requirements of the company.
To sum up, the methods to prove who is the actual operator are: checking shareholder information, handling shareholding certificates, investment relationship certificates, business premises use certificates, anonymous investor certificates, and comprehensively considering various factors.
Legal basis:
Provisions of the Supreme People's Court on Several Issues of Application (III)
Article 24
If the actual investor of a limited liability company enters into a contract with a nominal investor, stipulating that the actual investor contributes capital and enjoys the rights and interests of capital contribution, and the nominal investor is a nominal shareholder, and there is a dispute between the actual investor and the nominal shareholder on the validity of the contract, and there is no situation stipulated in Article 52 of the General Principles of the Civil Law, the people's court shall consider the contract valid. The people's court shall support the dispute between the actual investor and the nominal shareholder on the ownership of the capital contribution rights as stipulated in the preceding paragraph, and if the actual investor claims the rights from the nominal shareholder on the grounds of actually fulfilling the capital contribution obligations. If a nominal shareholder denies the rights of the actual investor on the grounds that the register of shareholders of the company has been recorded and registered by the company registration authority, the people's court will not support it. Without the consent of more than half of the other shareholders of the company, if the actual investor requests the company to change its shareholders, issue a capital contribution certificate, record it in the register of shareholders, record it in the articles of association and register it with the company registration authority, the people's court will not support it.