Research On Effectiveness Of Article Of Association

The Articles of Association of the company is to adjust the basic norms of internalorganizational relationships and business activities. As corporate organization and basicnorms of behavior, articles of association for the establishment and operation of the companyhas great significance, it is both the basis for the establishment of the company, the companyis also the survival of the soul. New "Company Law" was enacted in2005to give thecompany more autonomous space as an important means of corporate autonomy, theimportance of the Articles of Association of the Company also become more prominent. TheArticles of Association in legislation and practice still need to further improve the Articles ofAssociation as a basis for handling the company’s legal dispute, the referee conducting thediscretion also need to consider the effectiveness of the terms of the Articles of Association.Therefore, the core issue-the validity of the Articles of Association of not only help toimprove the effectiveness of the Articles of Association of the Company’s theoretical system,able to provide a theoretical basis to solve the practical problems of corporate legal practice.This paper analyzes the effect of the Articles of Association that shareholders shouldtake corporate autonomy principle, Discrimination Law and the Articles of Association therelationship between the effectiveness of the company’s articles of association, respectively,from the time validity, internal validity and external validity explore three aspects to exploreExternal validity is focused on whether the articles of association of external binding. ForArticles Severability problem, first defined the concept of the Articles of AssociationSeverability, category, and legal consequences; secondly analyze the effectiveness of theArticles of Association produced defects cause, and the company’s articles of associationSeverability relief types and remedies are discussed; final adoption case visual image to showthe company’s Articles of invalid cases, defect causes, consequences and legal remedies.Since the effectiveness of the company’s Articles of research, legislation and practice are stillnowhere near the level of developed countries, corporate law, the Articles effectivenesssystem shortcomings exist, this paper put forward suggestions for improvement relateddefects, these measures are intended to compensate the company through effective system forthe existing Articles of Association related deficiencies, improve our Articles of Associationto promote the effectiveness of the system, and help to improve the level of development ofthe Articles of Association, and play a role in the Articles of Association, Articles ofAssociation practice makes resolve disputes judicial means smoother.