A Study Of Defective Company Registration

Company registration law plays an important role in the whole market economy law system,and the effect of company registration is the core of company registration law,especially defective company registration problems.Adopting classification and comparative methods,the thesis carries out comprehensive research.The article is devided into three parts,including the introduction,the main text and the conclusion.The introduction briefly mentions the background and significance,which are the basis and starting points.In the first chapter, the author analyzes the concept ,types and effects of company registration, and then explains the connotation of company registration from two aspects of procedures and people involved in company registration.Company registration is a process,including three steps:application, check, publicity, and needs the cooperation between applicants and agencies.In order to have a better understanding of company registration,we have to pay attention to the reasons which lead to register.In private law,company registration has two kinds of effects: effects to company and effects to the third people.Company registration grants the company an independent legal personality and makes statutory items come into effect.By contrast,effects to the third people include both creditable effectiveness and antagonizing effectiveness.In the second chapter,the author puts forward the concept of defective company registration,which means statutory items are not in accordance with the fact or violate the compulsive regulations,then the author gives two reasons to explain why defective company registration happen frequently.According to different criteria,defective company registration can be classified in many ways,but the author emphasizes on three kinds of classification,because they give a clud for the next discussion. On the basis of chapter one ,chapter three analyzes the effect of defective company registration from three points:once registration of incorporation and cancellation have defectiveness,does the company own independent legal personality still?once registration of modification becomes defective,do crditable effectiveness and antagonizing effectiveness still work?are statutory items valid ?At the last ,the author gives a case to support its points.Chapter four studies the civil liabilities arising out of defective company registration.The present domestic regulations give detailed provisions of company registration parties'administrative and criminal liabilities,but neglect the civil liability.So the author analyzes applicants'liabilities,registration agency's liabilities and registration assistants'liabilities respectively.In the conclusion part , the author summerize the points again .