On The Statute Of Autonomy And The Protection Of The Rights Of Small Shareholders Of Company

According to the company articles of association is the establishment, operationand termination of important legal documents, but also on the company, shareholders,directors, supervisors and senior managers the importance of binding legal documents.Articles of association and the necessity of the autonomy of the decision of theConstitution in the company's affairs to the important role. However, the articles ofassociation autonomy is flawed, must accept the guidance of legal norms mandatory.Shareholders should also be increased on the importance of full understanding of thearticles of association, articles of association to better play its due role of autonomy,protect their legitimate rights and interests.This article is divided into four chapters.The first chapter discusses the content of the articles of association, articles ofassociation and the nature of the relationship between shareholders, the accreditationof three parts. First of all, on two legal connotation of the company's articles ofassociation and by different interpretations of scholars have different understanding ofthe nature of the articles of association, articles of association defined the importantposition in the company, concludes that "autonomy" is an important feature of theArticles of Association. Second, the articles of association and shareholders discussedthe relationship between accreditation, articles of association the shareholders eligibleto be the most important symbol, but not the only sign.The two part in the first chapter, based on autonomy from the articles ofassociation of company law on the autonomy of private reflection, articles ofassociation autonomy is the main carrier of corporate autonomy, the company threelevels of contract theory explains the meaning of self-government articles ofassociation. Articles of Association of autonomy in his discussion of the relationshipwith shareholders on the basis of self-government, the Articles of Association tofurther explain the important value of autonomy.Chapter Articles of Association of autonomy from the causes of defects and angles, denial of full autonomy statute theory to explain defects in the Articles ofAssociation of autonomy led to major shareholders the right to control small stocks,small shareholders, forfeiture, and thus would have caused the social market economyseverely affected.The fourth chapter is the last part of this article to explain how to improve theautonomy of the articles of association, articles of association define the boundaries ofautonomy, and analyzes the statute of autonomy and national mandatory, and thedialectical relationship between the articles of association rights of minorityshareholders a special reserved。Improve the use of the articles of association ofminority shareholders to protect their legal rights awareness.