The Discussion Of The Corporation's Content Of The Articles Of Association

Though the articles of association is regarded as one of the most important legal instruments for a corporation, there are few researches have been done upon it, and even fewer upon the contents of it, which can actually impose critical effects on the internal and external orders of a corporation. Therefore, in this paper, the author intends to give a new insight into this issue, studying the essence and function of the articles of association, and the relationship between its contents and functions, as well as the differences between Continental law system and Anglo-American law system concerning this issue. Based on the prior analysis and research, the author finally focused on how to consummate the contents of the articles of association in the current laws. It's also the author's hope that the research result could help to accelerate the development of the current laws.The whole paper is composed of three parts: the first part theoretically discusses the foundational issues of the articles of association, e.g. its essence, function, and the relationship between its function and contents. The paper holds the viewpoint that the articles of association, when it is valid, essentially belongs to autonomy laws; in the whole its function guides its content, while the contents explain the function in detail; And the function of the articles of association exists in that it is used as a tool both by the government to control the corporation and by the corporation's stockholders to execute their autonomy.The second part, based on the prior discussion, began to study the structure and details of the contents of the article of association. By comparing the articles of association between Continental law system and Anglo-American law, the author...