1. How do company shareholders prove that they are shareholders?
If it is a non-listed company, the registration of the industrial and commercial bureau, the company's articles of association, the company's shareholder list and shares must prove the identity of shareholders. Among them, the industrial and commercial registration has the name registration of shareholders, and the articles of association have the list of shareholders, which is easy to understand. Some companies issue shares, others don't, and in most cases they don't.
If it is a listed company, the China Registration and Clearing Corporation is responsible for the registration and settlement of shareholders' shares, which can be proved by the shareholders' stock account.
If you only contribute, but you are not a signatory, then there is and only the entrusted investment agreement between the actual shareholder and the controlling shareholder can prove it. If you don't sign it, it can be said that there is no legal evidence to prove it, and you can only expect the controlling shareholder to honestly admit it.
Second, the main classification of the company's shareholders
According to different standards, the shareholders of a company can be divided into the following categories:
1, dormant shareholders and registered shareholders
According to whether the actual capital contribution is consistent with the registration records, we divide the shareholders of the company into anonymous shareholders and named shareholders. A dormant shareholder refers to an investor who actually subscribes for the company's capital contribution or shares, but is recorded as another person in the company's articles of association, shareholder register and industrial and commercial registration. Dormant shareholders are also called dormant investors and actual investors. Nominal shareholders refer to shareholders whose contributions are consistent with their registered identities under normal circumstances. Sometimes it also refers to not actually contributing capital, but accepting the entrustment of anonymous shareholders and registering as the trustee of shareholders in the industrial and commercial department for the benefit of anonymous shareholders.
2. Individual shareholders and institutional shareholders
According to the status of shareholders, it can be divided into institutional shareholders and individual shareholders. Institutional shareholders refer to legal persons and other organizations that enjoy shareholder rights. Institutional shareholders include all kinds of companies, all kinds of enterprises owned by the whole people and collectively, all kinds of non-profit legal persons and funds and other institutions and organizations. Individual shareholders refer to ordinary natural person shareholders.
3. Founding shareholders and ordinary shareholders
According to the time and conditions of obtaining shareholder qualification, it can be divided into founding shareholders and general shareholders. A founding shareholder refers to a person who subscribes for capital contribution for the purpose of organizing, establishing a company, signing an establishment agreement or signing and sealing the articles of association of the company, and assumes corresponding responsibilities for the establishment of the company. Founding shareholders are also called original shareholders. The general shareholder refers to the person who obtains the company's capital contribution or equity by means of capital contribution, inheritance, accepting gifts, etc., thus enjoying the shareholders' rights and undertaking the shareholders' obligations.
4. Controlling shareholders and non-controlling shareholders
According to the number and influence of shareholders, they can be divided into controlling shareholders and non-controlling shareholders. Controlling shareholders are divided into absolute controlling shareholders and relative controlling shareholders. The controlling shareholder refers to the shareholder whose capital contribution accounts for 50% of the total limited liability capital or whose voting rights are sufficient to have a significant impact on the shareholders and the resolutions of the shareholders' meeting.
In addition, the shareholders of a company can also be divided into major shareholders and minor shareholders. Of course, this is a set of relative concepts.
Article 3 Definition of Company and Shareholders' Liability in the Company Law A company is an enterprise legal person, which has independent legal person property and enjoys 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.
Article 4 Shareholders' Rights Shareholders of the company shall enjoy the right to return on assets, the right to participate in major decision-making and the right to choose managers according to law.
To sum up, if it is a partnership, there will be shareholders. Shareholders who want to prove their identity must have legal proof materials. As long as it is handled, it will belong to the company. Therefore, when handling, they must complete all procedures, so as to protect their own interests.