The Research On Chinese Legal System Of Company Promoter

No promoter, no companies. Company promoter's legal system is a system that the company law can't be avoided, the study on it has great meaning on theory and practice. At present, do not have a systemic special article that carry on research to company promoter's legal system yet both at home and abroad, this proves that company promoter's legal system is a corner forgotten. So, chapter one of this text has studied three basic theoretical questions: 1. the company promoter's definition. Think company promoter 's definition is, to regard setting up the company as object, play a establishing, preparing role and have the" initiate meaning". 2. the company promoter's personality. Think that the company promoter has independent personality, not the organ of the company while setting up, the company promoter and the coming company are two independent subject.3.the limit of the company promoter's qualification. Think natural person, legal person have right ability only, can serve as the company promoter; Foreigners can serve as the company promoter; It is a need of the order to limit the company promoter's qualification, but with the perfection of the market economic system, the limit should be cancelled gradually. Chapter two made a concrete analysis of three relevant clauses of the company promoter in our country's "company law", think: l.not merely the shareholder of limited company undertakes "fill in responsibility" and "assure responsibility" of providing funds, the promoter of the Limited Company should also undertake"fill in responsibility" and "assure responsibility" of providing funds, at the same time the appraisal agency who have the responsibility unreal in providing funds, capital inspection organ, etc. should bear joint liability of providing funds. 2. the company promoter should be a member of company's inaugural meeting, and its right to vote should be improved. 3.after the company is established,should cancel the restriction on the thing that the company promoter transferred the share. Chapter three offered the suggestion of perfecting on the basis of analyzing the defect about company promoter's legal system of our country in an all-round way, including: Should discern the company promoter accurately, reform company capital system of promoter, set up regulation of promoter's right, perfect responsibility system of company promoter etc.