论股东资格的认定

On Recognition of a Shareholder's Qualification

对股东资格的认定 ,可以从公司章程记载、持有股份、出资和登记机关的登记记载等方面进行考察 ,其中公司章程的记载是最基本的依据。一般说来 ,向公司的出资 ,只有当公司章程没有记载或没有持股凭证的情况下 ,才对股东资格的认定有确定性意义。

To recognize a shareholder's qualification, it can be observed from the facts such as the record on the company's constitution, share holded, investment, register on the register office,and so on, among which the record on the company's constitution is the most basic evidence. Generally speaking, only on condition that there is no record on the company's constitution or certification of shareholding, the investment in a company has its definite meaning on the recognition of a shareholder's qualification.