Articles Of Association Legal Issues

Following the promulgating of Company law, the autonomous jurisdiction of the company initial shareholders or initiators is strengthened unprecedently, and the articles of incorporation, the most important carrier, is that they realize their autonomous right. So it can be said that the modern e company Governance is part of the domain of a civil law autonomous govern. However, in spite of the fact or the trend that autonomous right which manifest in the articles of incorporation would strengthens and expands, it will be inevitably found the government 's reasonable involvement. So there is necessity for us to make the further analysis and the research on related legal matter of articles of incorporation to make understanding clear. This article attempts to make shallow representation with the articles of incorporation correlation, with relation to legal matters, though shallow, we hope more people give more attention and research on it.First chapter:articles of incorporation concept and function. The author in has analyzed the multi- scholar after the articles of incorporation definition, the angle which the institute affects in the practice embarks from the articles of incorporation the articles of incorporation concept determination is: Draft and sets up after the company when all shareholder together by the initiator either the early shareholder is consistent or the most agreements, the company necessary, stipulated the corporate name, the objective, the capital, the organizations and agencies and the organization move the fundamental rule the legal document. The author thinks two big legal systems to the articles of incorporation form stipulation respectively different, but regarding its function understanding is more unified, therefore uses this concept. The articles of incorporation function may divide into foreign and affects to in two aspects. The foreign function manifests in: The articles of incorporation is has Male letter strength the prestige proof; The articles of incorporation is the national management company's important method; The encouragement investment, enhances the efficiency, reduces threshold which the company sets up. To in function is: It is the company behavior basic criterion; Protection company, shareholder, and creditor's legitimate rights and interests.Second chapter:articles of incorporation nature. The author in has compared in various theories foundation, thought the articles of incorporation the nature should for the autonomous rule, the contract, the country force three kind of attribute compatibility, autonomous regular attribute is the essence.Third chapter:articles of incorporation and company's method relations and potency. The articles of incorporation and company's method relations were the unification of opposites relations, the articles of incorporation are to company's method supplement, are thin and the substitution, the articles of incorporation have made up company's method insufficiency and have entrusted with the company by the individuality. The articles of incorporation potency must act according to the different record item to produce different becomes effective the time, the space and to person's potency.Fourth chapter:the analysis of violating the articles of incorporation legal liability. The legal liability is guarantees the articles of incorporation to be able to play the role the safeguard, this part to violated the question from the more solid service angle union present company law which in the articles of incorporation legal liability existed to carry on has enumerated, pointed out the flaw and put forward own proposal.Fifth chapter: articles of incorporation achievement manifests the company individuality basic document, while has stable also to have to be able circumstance vicissitude to make the essential revision along with the company inside and outside. In this Zhang Li author the principle, the main body, the procedure which revised on the articles of incorporation has all carried on the brief analysis.Thinking of something else: The author mainly special place carries on the brief prompt in this chapter regarding a person of articles of incorporation and the Chinese-foreign joint venture enterprise company regulation, pointed out they similarity, regarding this and has expressed some individual opinions.