浅析公司股东资格取得的条件

Discussion of Shareholders’ Qualification Acquisition Conditions

股东资格的取得涉及股东权益的行使与保护。学界对确认股东资格取得所应采取的标准有多种不同的看法;股东资格取得的条件也有许多,各个条件之间的效力也有所不同。如何确立股东资格取得条件之间的效力以及在欠缺有效要件下如何确立股东的资格成为讨论的焦点。目前我国就股东资格确认而引起的诉讼越来越多,但是《公司法》及相关司法解释并没有一个明确的规定。

Shareholders eligible for the acquisition of the exercise and protection of shareholders＇ equity. There are manydifferent views of the scholars confirm shareholders eligible to receive to be taken standard. There are many conditions for the acquisition of shareholders＇qualification and their effectiveness of rating varies. So how to establish the effectiveness of conditions and how to establish a lack of effective elements of the shareholders eligible become a focus of discussion. Currently, more and more cases caused by the acquisition of shareholders＇ qualification, but the ＂Company Law＂ and relevant judicial interpretations dose not give us a clearly defined.