Establishment Of Companies In The Ontology

The Company Law takes the regulation of the organization and structure and governing mechanism of companies as the legislative priorities. The theories regarding "companies in incorporation" normally deem a company in incorporation to be the "embryo company" of the same entity after it is duly established, i. e. : from the perspective of the reliance theory, a company in incorporation shall be transformed into a duly established company. It therefore can be concluded that a company in incorporation will have significant influence on the company that becomes duly established afterwards. In addition, currently companies in incorporation have widely engaged in commercial activities and therefore a large quantity of legal issues coming up with respect to the incorporation period of companies. The most significant issue which is also the most controversial issue is regarding the civil right capacity, civil activity capacity and civil liability capacity. Such issue is concentratedly reflected through the liability division between the incorporation liabilities and the civil liabilities arisen out from the contracts entered into for the incorporation of companies. This suggests that we should not lose sight of the researches and discussions regarding the position of " a company in incorporation". In light of this, this essay focuses on the legal issues relating to the companies in incorporation, i. e. : the duration period, legal status, members and the pre-establishment governing bodies of a company in incorporation as well as the transformation from a company in incorporation into the company duly established. With respect to certain issues, although they should also be categorized as the legal problems arisen out of the incorporation period of companies, such as the establishment registration with administrative agencies, incorporation flaws, capital complement liabilities and remedial liabilities to be assumed by promoters to companies, etc. , they are not entirely within the scope of the discussion regarding the organizations of a company in incorporation, this essay therefore did not address the above issues herein.