A shareholder owns 30% of the company's shares, which means that this shareholder has 30% of the voting rights. If it is a listed company, the shareholders belong to the controlling shareholders.
According to the Notice on Issuing Guidelines for Articles of Association of Listed Companies
Article 39 When exercising the right to vote, the controlling shareholder of a company shall not make a decision that damages the legitimate rights and interests of the company and other shareholders.
Article 40 The controlling shareholder mentioned in the Articles of Association refers to a shareholder who meets one of the following conditions:
(a) the person acting alone or in concert with others may elect more than half of the directors;
(2) When acting alone or in concert with others, it may exercise or control more than 30% of the voting rights of the company;
(3) Holding more than 30% of the shares of the company when acting alone or in concert with others;
(4) When acting alone or in concert with others, that person can actually control the company in other ways.
The term "people acting in concert" as mentioned in this article refers to the act of two or more people reaching an agreement through an agreement (whether oral or written) and obtaining the voting rights of the company through any one of them, so as to achieve or consolidate the purpose of controlling the company.
Shareholder qualification is the basis for shareholders to exercise their rights and undertake their obligations. According to China's Company Law, there are two standards for shareholder qualification: entity standard and form standard. Substantive standard refers to the actual capital contribution or subscribed capital contribution of shareholders, while formal standard refers to the record and registration of shareholders in the register of shareholders. Satisfying these two conditions means obtaining the qualification of shareholders. Specifically:
1, the substantive standard of shareholder qualification
The qualification confirmation of shareholders is first 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 shares, if one party wants to confirm that it enjoys the shares of the company according to the provisions of Article 23 of the Interpretation of the Company Law (III), it shall prove to the court that it has one of the following facts: First, it has invested or subscribed for the company according to law, which does not violate the mandatory provisions of laws and regulations; Second, the company's equity has been transferred or inherited in other forms, and does not violate 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 Article 32 of the Company Law, a limited liability company shall keep a register of shareholders, which shall record the following items:
1. Name and domicile of shareholders;
The second is the capital contribution of shareholders;
Third, the number of the investment certificate.
Shareholders recorded in the register of shareholders may claim to exercise their rights according to the register of shareholders. The company shall register the names of shareholders with the company registration authority; Where the registered items are changed, the registration of change shall be handled. An unregistered person may not confront a bona fide third party.