형식주주의 법적 지위

• 영문명: The Legal Status of the Registered Shareholders and Real Shareholders -A Review of a 2017 Supreme Court Decision-
• 발행기관: 충북대학교 법학연구소
• 저자명: 남윤경(Nam, Yunkyung)
• 간행물 정보: 『법학연구』第28卷 第1號, 385~412쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

In case of subscribing or transferring shares under the name of another person, the Supreme Court has maintained its position that the real shareholder should be recognized as an authorized shareholder. And the Supreme Court has also maintained its position that the company has the power to recognize the person who has not fulfilled the entry of a change of shareholders’ name at the shareholders’ list as a lawful shareholder. However, quite recently the Supreme Court has changed the rule concerning this matter, only the shareholder on the record should be recognized as an authorized shareholder, and the company should authorize the person who has fulfilled the entry of a change of shareholders’ name at the shareholders’ register as a lawful shareholder. Considering that the shareholders may change every minute, and that the legal decision should be rendered on the basis of an uniform standard in the field of law, the Supreme Court Decision is appropriate. The shareholders’ list is a system for all the concerned parties as well as for the company.

목차

Ⅰ. 서설

Ⅱ. 판결의 개요

Ⅲ. 주식양도와 명의개서

Ⅳ. 타인명의의 주식인수

Ⅴ. 명의개서 미필주주의 지위

Ⅵ. 자본시장법상 실질주주명부의 경우

Ⅶ. 결론

키워드

주주명부(Shareholders’ List) 형식주주(Registered Shareholders) 실질주주(Real Shareholders) 명의개서(the Entry of Shareholders’ Name) 주식양도(Transfer of Shares)