Juristical Research On The Memorandum Of Company

Company is the tool of creating wealth. The economists generally think that the free corporations are indispensable to developing of economy. In China, the freedom of corporations is also the aim of the system of Contemporary Corporation in Market-oriented economy. The supervision on corporation, however, is necessary in any kind economic system. How to harmonize the autonomy of companies with the supervision of state depends on devising rational system. The author thinks that the memorandum of company is such legal system, which can realize the harmony between the autonomy of company and the supervision of state. So it is important to put theoretical study on memorandum of company. In addition to the inadequate theoretical studies on memorandum in academe, the studies, which have been done, are limited to the technological felid. In the author's opinion, it can't meet the need of real-life as well as explain satisfyingly the real-life.This paper aims at expounding the essence and the idea of memorandum of company as well as the orientation of it and discussing how to rationalize the content of memorandum of company to realize the goals of company. The first chapter is the research on the essence of memorandum of company. From the point of interior of company , the author thinks that the memorandum is such a free contract which applies to creating wealth corporately and distributing wealth among members of company. From the point of exterior of company, the memorandum is the constitutional legal document applies to instauration and run of company. In this sense, it is the institutional measure of supervision on company by state. The second chapter is the analysis of the idea in the memorandum. The author thinks that the items of memorandum indicate the ideas of equilibrium of benefit and economic safety as well as development. The third chapter is the study on orientation ofmemorandum. The author holds that the memorandum of company has the foundation stone status in corporation system and memorandum is in precedence to apply on the condition that it isn't infringing the law. The fourth chapter is tentative plan of memorandum in order to harmonize appropriately the autonomy of corporation and supervision of state.