Font Size: a A A

On Articles Of Association

Posted on:2013-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2246330395467812Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China’s Company Law has been placed articles of incorporation on the almost as important as the position with the country’s existing laws and administrative regulations. It has a company’s "constitutional" status. Articles of Association are the most important documents and the main conditions for setting up company. China’s "Company Law" made clear that the establishment of the company is one of the conditions for the company’s articles of association. Articles of Association are the basic legal documents to determine the company’s rights and obligations. According to the company’s Articles of Association, the companies have many rights and also to assume the obligations and, therefore, if companies act in line with the articles of association will be protected by state laws; if companies violate the Articles of Association will be obstructed by national laws and penalties. Articles of Association are also the company the basic legal basis to operate outside. And Articles of association provides for the company’s organization and activities of criteria, including business purpose, the rights and obligations. Articles of Association not only are a clear relationship between shareholder’s rights and obligations between the fundamental basis, but also the most important questions to resolve equity issues during business process.Articles of association play an important role on setting up company, business process and dissolution of the company and it has the "Charter"-like status, therefore, we need do a legal analysis of Articles of association according to the2005"Act". I hope from the perspective of autonomy, to develop a truly reflects of the will of the investors, a clear relationship between rights and obligations of shareholders, the well-structured company’s charter. With the deepening of market economy development, the articles of association is progressively recognized by people who established the company, the corresponding intermediary organizations are also emerging, to make more appropriate the articles of association to development of the company needs, and make more featuring articles of incorporation for the company.This thesis is made up of the Introduction, the body and conclusion the three parts, in which the body part is divided into six chapters of the Articles of Association to do a study.The first chapter is the concept and legal features of the articles of incorporation. It illustrates the basic concept of the Articles of Association through description of the definition. At the same time it attempted to have an idea of the concept, and from the necessary conditions, statutory, autonomy, openness of four levels to present legal characteristics of Articles of Association.The second chapter details the nature of the articles of incorporation, and cites different versions, and analysis of the main characteristics of articles of Association. Some other countries’views also be held by, at last it uses comparative methods in the difference between domestic and international articles of Association. I also give the nature of the company charter my own view.The third chapter is to define the company’s articles of association of the function on articles of Association and shareholders relations, interaction of autonomous, and through further interpretation of the articles of Association by nature, introducing shareholders autonomous function. The fourth chapter is about shareholders’boundary of autonomy of explanation.The fifth chapter is for articles of association in the reality the main issues for analysis. This part is use historical methods and systems analysis. From the content point of view is divided into articles of association in practice problems, causes and dangers of these three aspects are discussed. Chapter Ⅵ is obtained for the above analysis of the issue the articles of association proposed to formulate and revise the recommendations. And I make recommendations.
Keywords/Search Tags:Articles of Association, nature of Articles of, Association, autonomy of shareholders, format Articles of Association
PDF Full Text Request
Related items