The Research On Incorporation Qualification Of Couple Companies

Companies are the most popular form of commercial organization in the operation of market economy, the most important role at the same time. Because their features, organization, profit and corporate person, attract the joint enterprises run by families to upgrade. In reality, "couple enterprises"usually change into "couple companies". That is to say, stockholders of the company are couple or couples are the stockholders in charge of the majority of shares. Owing to the defect in the legislation of our Corporation Law and marketing regulation, the court judges are greatly challenged. In the developing stage of socialism marketing economy, most of enterprises, in modest size, are established by small mills. While couple, whose property relationship influences other people and the safety of trade, have become an active part in the market system. Therefore, there is a lot of realistic significance in the discussion about couple companies, especially in the recent judgment .As a result, it is vital and necessary when various reasons , great difference in responsibility and complex in share partition appear. The whole article can be divided into 4 parts. Chapter One Introduction of couple companies. Here are some definitions, classifications, characteristics and disadvantages, carrying out the ways of definitions and inductive methods. Some outstanding features were refined to make sure the value, status and problems, as the basis of future discussion. Couple companies are the company whose stocks or property are totally or mainly owned by couple. It has 4 legal features. First, it is vital to understand the specialty of stockholders'relationship. Husband and wife are managed by Marriage Law. Property institution between husband and wife is the main content of Marriage Law. It is different from Corporation Law, combining part of its content at the same time. Second, The property on the arranging partition of stocks: the key to this is the conflict between Marriage Law and Corporation Law. The third, the particular structure and content: the writer discussed several advantages according to content structure. Chapter Two The analysis for current popular tribunal It's critical to tell the personality if couple establishes a company with their common property. It is common not to put the repudiation of personality into couple companies. The writer tried to elaborate this part through the subjects, the independence of possession, company division of common property, combining joint enterprises, individual companies and single-venture enterprises to discuss. First, couple companies are one kind of joint enterprises. The main reason for this is lack of independence. That is to say, if a company is established by the couple common possession, company property will be the same as couple possession. Second, couple companies are considered as individual companies. Based on special cases and judgments, the writer collected several reasons: the company is the representative of couple to commit civil action; the requirement of subjective is not qualified. That is, the only stockholders are couple, they don't separate their property, just as founding a company by one subject; the existing couple companies are faulty ones, the registration of authority is error. The third, couple companies are single-venture enterprises. We should refuse the subjective qualification, analyzing the relationship between action and result. Chapter Three On the comment to the recent judgments, the writer generally introduces the problems appeared in them. Then she analyzed one after another. To begin with, the company independence of property .It is definedthrough theory and legislation. Common possession without partition couldn't influence the independence of property .The key to this is whether the possession thrown into company was both permitted by the couple and whether it has been registered by the government. Then, based on the regulation in the law, the partition of common possession is illegal. The regulations of the government are too powerful. But it shouldn't be higher than the law. At the same time, the regulation for stockholders to invest was misunderstood. Ownership and sufficiency are not conflict with the partition of common property .Moreover, the object of partition is also wrong.The key to property independence is to divide the possession between the company and stockholders, not the property among stockholders. Above all,there is no unified standard, through power and the adoptability of law. On the contrary, it is bad for the freedom of marriage to separate common possession. On the one hand, it is useless and invalid to separate common property. On the other hand, the great difference in responsibility after marriage may affect the freedom of marriage. Next, according to the theory and legislation, the subject of couple companies is not single, based on the definition of common ownership. The representative theory won't be suitable to couple companies for three reasons. We can't support the existence of representative power for the existence of couple relationship. Moreover, according to the investing articles written on the registration notebook of the company, can we say that it is permitted by the common owner to invest their common property to the company? And the ordinary representative theory is not valid to refuse the legal personality, because this result needn't deny the subjective .On the other hand, the company and stockholders didn't have any agreement. Therefore, there is not any general standard for the court to adopt. At last, the repudiation of legal personality and faulty establishment of...