How to obtain shareholder qualification?

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. The formal standard of shareholder qualification The second condition of shareholder qualification is that the name of the shareholder is registered on 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: first, the names and addresses 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. Becoming a shareholder in a company is not so easy. After all, the company law has some restrictions on becoming a company shareholder. In this way, there will be anonymous shareholders and nominal shareholders. As shareholders of the company, they naturally enjoy certain rights, but at the same time they also need to fulfill corresponding obligations, such as fully contributing to the company as agreed, and there can be no evasion or defects in the contribution.