A Study On The Legal Validity Of Corporate Charters

The corporate charter is called "the constitution of corporate inside" and the content of it includes many things from setting up, management to disbanding. The legal validity of corporate charters is very important content in the theoretical system of corporate charters. Almost every part of the content is related to the legal validity of corporate charters in this theoretical system. Through studying and building the theory of the legal validity of corporate charters, scholars can analyze important contents of corporate charters. This thesis has adopted kinds of research methods synthetically, such as hermeneutic of law, sociology of law, law-philosophy, positivism of law and economics.The thesis consists of four chapters besides the introduction and summing-up:Chapter One. Beginning with the essence theoretics, the author probes into the characteristic of corporate law and corporate charters, and then defines the concept of the corporate charters and legal validity of corporate charters. The origin of validity may divide formal origin and essential origin from the view of law-philosophy. That is preparations for the further research.Chapter Two. The author elucidates the contents of legal validity of corporate charters. First, the essential and formal condition of legal validity of corporate charters; second, the inside legal validity acting on the corporation, shareholders, directors, supervisors and managers; third, the outside legal validity acting on the investors, creditors and public; last, the modality of legal validity of corporate charters.Chapter Three. This part expounds the alteration and invalidation of legal validity of corporate charters. There are two reasons about alteration, including modification and irregularity. Furthermore, the author put forward that the inartificial invalidation of validity is the only way of invalidation of validity.Chapter Four. Aiming at provisions about corporate charters system in Corporate Law which was emended in 2005, the author put forward suggestions to perfect provisions about corporate charters system and legislation, to promote and guarantee the exertion of functions of corporate charters.