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Defective Established

Posted on:2005-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:E M YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The idea of incorporation defect refers to such legal facts as those that could have a negative impact on the stability of the acquired corporate personality or that could set its corporate personality into a state of disharmony due to some illegal or inappropriate actions during the establishment of the corporation. The main characters of defective incorporation are: the corporation has acquired a valid certificate through the registering form; there are defects in the process of incorporation; the incorporation defect causes to unfavorable effects on the personality of the company. Defective incorporation happens frequently, but the corporation law of our country cannot regulate it competently. Therefore it has theoretical and practical values to research on the phenomenon.The paper explores the question of defective incorporation with four parts.Part I : definition of defective incorporation. This section gives a comprehensive definition about the legal concept of incorporation defect, then compares it with some relevant legal concepts in order to further grasp its characteristics.Part II: forms of defective incorporation. In this section, the author analyses the patterns of incorporation defect, which are material incorporation defect, procedural incorporation defect, private incorporation defect and public incorporation defectPart III: law consequence of defective incorporation. The author discusses the legal consequences of incorporation defect from three sections as follows: the first section studies the legal treatment on defective incorporation in many countries; the second sections analyses the effects on canceling the company personality; the third sections researches on undertaking the responsibilities of defective incorporation.Part IV: concerned regulations and improved suggestions. In this section, the author lists on the regulations of the corporation law finding that there are great defaults existing in the company law, and supposes to improve it from three aspects such as defective causes, methods of treatment, undertaking of responsibilities, which the author hopes can provide an reference to the amendment of the corporation law in our country.
Keywords/Search Tags:Established
PDF Full Text Request
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