On The System Of Corporation Promoters

There are three factors in the incorporation, promoters is the important hominine factor in them. Many countries and districts restrict the system of promoters with legislation in order to help corporations to form healthy personality. However, the legislation of the promoters' system in our country is still unreasonable.How to judge the promoters' identity in China is still a problem both in legislation practice and theory research. According to the level of China's market economy, the essay thinks that the signature or seal on the corporation article should be considered to be the fitful standard to judge the identity of the promoters.Since, there is no clear regulation of the promoters' qualification in China., the promoter who has defections on qualification will be harmful to the corporation or the interest belongings. Therefore, while nature person hold the position of promoters, the action right should be emphasized. While artificial person hold the position of promoters, the nonprofit artificial person and the foreign artificial person should be strictly regulated.The importance of the promoters also embodied on the promoters' legal status. There is a partnership legal relation between promoters, but the whole of the promoters is the organ of the pre-incorporation.The promoters have the specific right because of their specific status during the period of pre-incorporation. So the promoters should take on strict liability aim to protect the interest of the corporation and the interest belongings.In order to solve the problems in China's corporation legislation, identifying the corporation promoters, consummating the capital contribution, appending the promoters' right and consummating the liabilities of the promoters should be amended in the legislation.