论合伙股东

On Partnership's Shareholder

合伙可以享有股东资格,具有法理学、民法学和公司法学上的理论依据。合伙可以通过原始取得和继受取得的方式获得股东资格,但合伙股东的资格取得,应当符合三个基本条件,即具有合伙协议、有权利行使人以及符合公司章程的规定。合伙股东所享有的股份财产及相应的权利属于全体合伙人,但合伙应当确定专人代表合伙行使合伙股东权利。

According to the theoretical basis of jurisprudence, civil and corporate law, the partnership can receive the qualification of shareholder. The partnership can get the qualification of shareholder from original obtainment and derivative acquisition of ownership, however, if the partnership wants to acquire the qualification of shareholder, the partnership must satisfy three basic conditions including agreement of partnership, exerciser and meet the charter of corporation. The shares, property and according fights which are held by the partnership belong to all the partners. But the partnership has to entitle specialized partner to execute the shareholder＇ s rights.