The Research On The Reform Of Limited Liability Company Autonomy Of China

Company autonomy is important concept for company governance and it is attracted common topic related to various types of the company and the academic circle. Limited liability Company, as one of the company type, has great significance to the national economic development of our country, and therefore it is practical contribution to the discussion regarding the company governance reform of the limited liability company. However, the Limited Liability Company System has encountered more impact under current intensive global competitive environment due to the progress of the globalization, and some contents of which cannot satisfy the requirements for the development of our society. The Limited Liability Company System of some countries are constantly amended and adjusted under such circumstance due to the great impact on the national economy imposed by the Limited Liability Company System, such as decreasing the intervention of the government, lowering the threshold for market entry, adding the types of the company, simplifying the formalities related to the company and expanding the right of company autonomy, and those measures definitely are curing the defects of the Limited Liability Company in some degrees.Therefore, the reform of the company autonomy is research topic of this essay, which focuses on the company autonomy, defines the meanings and concepts of company autonomy and analyzes the relationship between the company autonomy and law. It also inquires the reasons for the reform of the company law of many countries, states the detailed contents on the formation of the Limited Liability Company, the selection of the types of the company, corporate structure, internal human joining and autonomy of the company of numerous countries. It also explicitly points out that the threshold for Limited Liability Company formation in our country is too high and the types of the company is too few, of which has certain defects, and the contents of the articles of association are redundant, and the corporate structure is defined by the law, and the clauses related to the human joining and autonomy of the company is too few and the occurrence of deadlock and other defects exist in the Limited Liability Company System of our country, and furthermore it suggests that the mandatory clauses in the Articles of Associations shall be reduced, cancels the minimum registered capital system, introduce the new type of the company, and optimize the corporate structure as the results of the reform of Limited Liability Company autonomy of our country in order to solve the deadlock resulting from the human joining and autonomy, and meanwhile it is suggested that the law shall includes less mandatory clauses and more arbitrary clauses. And thus promote the company autonomy effectively.