Font Size: a A A

Company On Behalf Of The System

Posted on:2007-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:L XingFull Text:PDF
GTID:2206360185483727Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an important regime for a corporate, corporation representative is necessary. This regime contains a series of things, such as who should be the representative and the representative's rights, liabilities and responsibilities.This article contains five parts:Part One, Summary of The Corporation Representative Regime. Concerning the relation between the corporate and the representative, there are two kinds of views: one is "the agent view"; the other is "the representative view".Part Two, The Comparison Research of The Corporation Representative Regime. Corporation representative diflFers in its constitution and legal status among countries of common law system and civil law system. In German it is directory representative. In Japan and Korea it is representative director. While in Common law system such as Britain and America, director is usually considered an agent of a corporation.Part Three, a Few Questions on Corporation Representative Regime. The representative shouldn't go beyond the limits of his power. Then the author demonstrates the apparent representative and the representative's responsibilities.Part Four, Legal Representative in China. The representative of a corporate for Chinese companies is a unique regime in the world. It is called legal representative. One-person system of corporation representative is deficient in our country. From its theoretical and development analyses, we can find it is related to the traditional state-owned economy in China, there are a lot of drawbacks of the legal representative regime.Part Five, Suggestion to Perfect the Corporation Representative Regime of China. The regime has been amended in 2005 by taking something from foreign legislation. On theoretical analyses of some aspects of the regime and observation of its present function, the author expounds her view on the amendments. Further more, based on this conclusion and a comparison with relevant systems, this author offers some advice on the pattern of the regime we should choose.
Keywords/Search Tags:corporation, representative, legal representative
PDF Full Text Request
Related items