浅论有限责任公司股东资格的认定

《公司法》未对有限责任公司股东资格的认定标准作出明确规定,导致股东资格认定纠纷经常发生。笔者分析了股东资格取得的实质要件与形式要件以及认定股东资格的几个基本原则,认为对此类纠纷应视两种情况作不同处理:为行使股东权利而要求认定股东资格的,视实质要件而定;要求出资者承担义务而要求认定股东资格的,则视形式要件而定。

'Law of corporation' to the Limited liability company shareholder qualifications had not recognized that the stan-dard makes stipulated explicitly,causes the shareholder qualifications to recognize the dispute occurs frequently.The author has ana-lyzed the substantive important document which and the form important document the shareholder qualifications obtain as well as recognized that the shareholder qualifications several basic principles,thought should regard two kind of situations to this kind of dispute to make different processing: In order to exercise the stockholder's right to request to recognize that the shareholder qualifi-cations,regard the substantive important document to decide;Requests the funder to undertake the duty to request to recognize the shareholder qualifications,then the view type important document decides.