Study On The Legal Matter Of Articles Of Incorporation

The articles of incorporation is the most important autonomous rule of company, is the important premise of company highly effective order movement, is the autonomous mechanism maintaining company's benefit, shareholder's benefit and creditor's benefit, is the behavior rule restraining major stockholders and higher management of company. The articles of incorporation have legal, openness, the autonomy characteristics. On the one hand this manifests the country's moderate intervention with company, On the other hand this also manifests the idea that the country desalinates the state intervention in the company's organization and activity, in order to give company broader autonomous space. In order to enable the articles of incorporation to play its autonomous role fully, the investor and the operator should acquire the regulation consciousness, should formulate articles of incorporation which is suitable to its own company's organization and management characteristic, its content should be clear and concrete.In corporate governance, the jurisdiction division between each organization and each agency must be explicit, in particular about the trustee, the supervisor, higher management's authority, the voluntary and the responsibility stipulation both must arouse their enthusiasm, and must have the corresponding restraint mechanism, enable the company the benefit, shareholder's benefit, in particular the smaller shareholder's benefit to obtain the effective protection; simultaneously the articles of incorporation should manifest the corporate social responsibility, company's benefit and counterparts' rights and interests should receive the corresponding value, this also is the need that a company realizes its benefit maximization. The organic synthesis of articles of incorporation and law of corporation can maintain the social economy order effectively and promote the healthy development of socialist market economy.