The Legal Effect Of The Articles Of Association Of The Company In This Paper

The company as a modern enterprise important organizational form, promote social and economic development is not only the important carrier in promoting social and economic development, and plays an important role, and the company as an enterprise legal person, which is the most important social economic activities of the civil subject. However, the company established, can effective good operation, create greater social wealth, company rules played a crucial role. Not only is the company effective articles, and a necessary condition of the company is the highest behavior standard, through the establishment of company, the whole process of operation and termination. The articles of association of the company, the importance of the role of to countries like the constitution, has "the company charter" say, some scholars call it "the company soul". This article from the company's articles of association, starting from the basic theory of the articles on the effectiveness of the problems are analyzed and discussed. Beside the introduction and the conclusion,Full text is divided into four chapters.Chapter one. The articles, mainly discusses the summary of the articles concept, characteristic, function and properties as well as basic theory, to study the company's articles of association after playing the theory and laid a good foundation.Chapter two. Through the Anglo-American law and civil law articles about company recorded content analysis, the paper on the basis of comparison of the corporation in our country to the provisions of articles; recorded content And the company can through to this company, expounds the nature of the relationship with the company law, articles and recorded content and the articles with mandatory norms company facultative the relationship.Chapter three. The third chapter is the main content of this paper,emphatically elaborated the effect problem of the articles of association. This chapter to the company's articles of association for effective and failure, expounds the articles starting with failure, and take effect when the company rules take effect and failure to company influence. Then discussed the articles effectiveness and internal foreign effect. The articles of the company is the highest, company autonomy behavior criterion of the company, its shareholders, and senior management personnel, and the articles is binding upon registration, they generate credibility, public operative in company for investors, creditors and outside the social public. Finally, the limited liability companies and joint stock limited companies articles to analyze the validity of the research.Chapter four. The articles and remedy defects validity. Company rules absolutely necessary particulars recorded absence, will lead the company's articles of association, and this case all invalid can be corrected by legal procedures; And the articles necessary records or any relative particulars recorded absence, stated herein is invalid, the only company's articles of association is not cause all invalid, and can be skewed by legal procedures to be rectified.