论股东资格的认定及对股权的影响

On the Determination of Shareholder Qualification and Its Influence on Equity

股东资格本质上是一种身份,民事主体必须在获得股东资格之后才能获得股权及相应的权利。股东资格的取得要求民事主体在实质要件和形式要件之间统一,权利外观的有无实质上并不影响股东资格的认定。

The qualification of shareholders is essentially a qualification or status.Civil subjects must obtain shareholder qualifications before they can acquire equity and corresponding rights.The acquisition of shareholder qualification requires the civil entity to be unified in substantive and formal requirements,and whether the appearance of rights is substantial It does not affect the identification of shareholder qualifications;shareholder qualifications should be acquired prior to or simultaneously with the acquisition of shareholdings,and the acquisition of shareholder qualifications must comply with the mandatory provisions of shareholders’qualifications as required by law or the company’s articles of association.