On The Attribution Of Responsibility In The Establishment Of The Company

The company is not in a single action, but set in a plurality of mutually undertakesteps. In the process from the beginning to be established and registration completed, thereis an entity, the entity theory is usually called "the establishment of the company". Afterthe establishment of the company is set up in the existing results, but also the purpose of itsexistence, the relationship between the two close.In this paper, by analyzing the definition, the company set up in the legal status ofestablishing corporation and civil capacity, clear responsibility main body establishment ofa company, discusses the responsibility subject of liability in accordance with the principleof distribution of responsibility, the establishment of branch company set up the successand failure of two cases discussed in the responsibility of the company set up to undertake,in order to set up during the period of responsibility for corporate issues, the establishmentof rights and obligations in the company can find the evidence in the law, for constructingthe establishment of the company system to do what little one can to help.This paper is divided into three parts. The first part defines the definition, first set upthe company, combined with the current legal theory and foreign legislation practice,analyzes the legal status of establishing corporation and civil capacity, that theestablishment of the company is illegal group with its own characteristics, has its ownrelatively independent property, it can undertake certain responsibility as the responsibilitysubject. The second part on the subject of liability may bear the establishment of acompany by analysis this paper thinks that the related responsibility main body mainlyincludes the establishment of the company, after the establishment of the company, thecompany sponsors, third people, directors, supervisors and managers. The third part, firstdefine the issue of the establishment of the company’s liability is limited to civil liability,this is because the laws and regulations of the company sets up in the process ofadministrative responsibility and criminal responsibility by the specific provisions. Then analyzed the company set up legal liability arising during must be allocated according tocertain principles in the main body of responsibility. Finally, the branch is established, thesuccess and failure of company establishment two kinds of circumstances, how to set upanalysis of responsibility.