论有限责任公司股东资格的认定

On the Identification of Shareholder Qualification in the Limited Liability Company

公司股东资格的认定关系到投资人在以公司为联结点的法律关系体系运作过程中的权利配置与责任负担,但公司法对股东资格的认定并未作出规定。当出资及记录股东信息的法律文件与股东资格无法建立一一对应关系时,应当认识到股东之所以成为某公司的股东是因为股东间有这样的合意。

The identification of shareholder qualification in the company is related to investor right allocation and responsibility burden in operating process in the legal relation system with the company being the wiring point.But there has been no stipulation of such identification in the corporation law.When the investment and the legal document recording the information of the shareholder fail to establish a one-to-one relation corresponding to the qualification of the shareholder,it should be understood that someone has become a shareholder of a company is the acceptance from the shareholders of the company.