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股东资格作为股东与公司之间最核心最基础的法律问题,一直是公司法律理论和实务中很受关注的问题。我国法律对股权转让中股东资格的取得没有明确的法律规定,这给实务操作造成了不少的困惑和麻烦。通过理解我国公司法的条文内涵,结合理论界和司法界的观点,本文认为如果公司明知或应知股权转让已经依法生效的,应当认可股东资格的取得。
As the most basic and most basic legal problem between shareholders and the company, shareholder qualification has always been a subject of great concern in corporate legal theory and practice. China’s law has no clear legal provisions on the shareholder’s qualification in the equity transfer, which has caused a lot of confusion and troubles for the practical operation. By comprehending the connotation of our company law and combining with the views of theorists and the judiciary, this paper argues that if the company knows or should know that the equity transfer has already become effective according to the law, it should recognize the shareholder’s qualification.