Beneficial shareholders A
beneficial shareholder is the person or legal entity that has the economic benefit of ownership of the shares.
Nominee shareholders A
nominee shareholder is the person or entity that is on the corporation's register of members as the owner, while in reality that person acts for the benefit or at the direction of the beneficial owner, whether disclosed or not. A nominee shareholder relationship in most jurisdictions is governed by
trust law, and therefore is simple and passive: generally, the nominee is not required to do anything except carry out specific (lawful) actions if so directed by the beneficiaries. In the event that a nominee becomes
insolvent, the beneficial shareholder should not be affected as the nominee's
creditors cannot take possession of the trust assets. In some Asian jurisdictions, nominee shareholding is achieved through
contract law and is very complex and risky. For example, in China under the
Supreme Court rules, using a nominee shareholder is ineffective in preventing debt collection actions, as a nominee shareholder cannot escape liability for this on the grounds that they are not the beneficial owner. If a
capital call is made and the beneficial owner omits to provide additional funding, the nominee shareholder is liable to fund the capital call using their own funds. Finally, shares held by a nominee shareholder can be inherited or subject to
marital property division.
Ordinary shareholders An individual or legal entity that owns
ordinary shares of a company (in the United States commonly referred as common stock) is usually referred to as an ordinary shareholder. This type of shareholding is generally the most common. Ordinary shareholders have the right to influence decisions concerning the company by participating at general meetings of the company and in the election of directors and can file class action lawsuits, when warranted.
Preference shareholders Preference shareholders are owners of
preference shares (in the United States commonly referred as preferred stock). They are paid a fixed rate of dividend, which is paid in
priority to the dividend to be paid to the ordinary shareholders. Preference shareholders usually do not have voting rights in the company. == Rights ==