A Study On The Issue Of Self - Discipline Of Articles Of Association

2005The main features of the modified "Company Law " is the deregulation of thecompany, emphasizing shareholder autonomy, corporate autonomy. Articles as thecompany management, writing operations, binding, regulate the activities of the role ofthe company, called the company’s " mini-constitution." Articles of Association as acompany and restraint mechanisms can not copy them to develop the Act, must reflect thecharacteristics of their company, not from the provisions of the Act arbitrarily,therefore, the autonomy and the autonomy of the border to study the Articles of greatsignificance. This paper mainly discusses the Articles of autonomy as the core, includingthe following sections:The first chapter is on the concept and characteristics of the Articles of Association,the Articles of Association of the items mentioned legal, arbitrary items mentioned, aswell as the nature and role of the Articles of Association for a more detailed introductionand commentary, in addition, for corporate autonomy, self-government on the nature ofthe company related content, the company ’s self-government relationship with thecompany and other articles of a brief analysis.The second chapter is on the boundary of the Articles of Association of autonomy arediscussed, the first principle of autonomy of the Articles of Association to discuss borderdemarcation, mainly respect for freedom, taking into account fair; autonomy based,supplemented his rule; and self-interest and his interest divided boundaries. On the basisof the Articles of Association proposed border demarcation criteria and separately from theCompany Law Type-limited liability companies and joint stock, company law normstype, transaction nature of the company, the Articles of Association criteria for theclassification of the stage to make a discussion.The third chapter is on the border of autonomy at home and abroad visit the Articlesof Association, the major countries of the common law, civil law Articles autonomyboundaries were analyzed, and the law applicable in respect of all of our company ’sarticles of association autonomy specification types, especially limited Company law corporation applied for a detailed analysis.Research division focused on the issue for the fourth chapter of the Articles ofAssociation of the autonomous boundaries, articles of association structure, the companyoperates the registration autonomous space, corporate governance resolutions autonomousspace agency approach, especially on the issue of autonomy in future articles ofassociation proposed countermeasures comparison detailed recommendations.