Study Of The Essential Provisions Of The Articles Of Association

The articles of association, specifying the most important items of the company, is the most essential legal document of the company. According to the provisions whether that must be specified in the articles of association on request of the Company Law, we can divide the contents of the articles of association as compulsory provisions and arbitrary provisions. This paper elaborate the articles of association related questions. Besides the introduction and the conclusion, the full text altogether can be divided five chapters.Chapter â… . The summary of the compulsory provisions. It mainly describe the concept and the type of the articles of association, the concept and the characteristics of the compulsory provisions.Chapter â…¡. The comparative law of compulsory provisions. This Chapter analyze the compulsory provisions legislation of various countries and our country's current legislation. Then it thinks that there are three flaws in our legislation. They are (1)too many laws; (2)too many provisions; and (3) the limited company and the joint stock limited company's content of share are basically identical.Chapter â…¢. The writer probe into three major principles of the compulsory provisions legislation- -Mandatory principle, foreign principle and principle of separating. The compulsory provisions are the mandatory clause, that are defined by various counties in the company law. The articles of association must record them. A country, which legislates to confirm the compulsory provisions, should follow the four major principles.Chapter â…£. The content of the compulsory provisions. This chapter, being on foundation described above, carry on the detailed argumentation to every compulsory provisions in current law of our country, and explain its reason that should be listed in or should be deleted from the compulsory provisions.Chapter â…¤.in this chapter, the write suggest how to perfect the effect and the altered system of the compulsory provisions.