A Study On The Legal Effect Of Corporate Charter

Articles of Association is the basis of statutory documents that must be submitted when the company is set up. It not only acts as the foundation of a company, but also serves as the normative guidelines in the company’s operations and governance. In practice, many people only know that to set up companies need to submit the articles of association, but may not have a deep understanding and awareness of the necessity and importance of the Constitution. The new "Company Law" formally introduced in2006relaxed control of the company, giving the company more autonomous space. As an important guidance for the company’s self-government, the importance of the Constitution has become increasingly prominent, the new Law has also greatly enhanced the legal status of the charter.The legal effect of the Articles of Association mainly involves the three aspects including time, space, object effectiveness. In exploring and analyzing the effectiveness of Articles of Association, shareholders should be in line with the basic principles of autonomy, self-government dealing with the articles of association and corporate law governing his relationship between autonomy and state control of the company to find an optimal balance. Point in determining the constitution entered into force, it shall be determined according to the terms of differences in legal relations chapter point adjustment takes effect:to adjust the company to establish the terms of the civil legal relations generated during take effect when signed and sealed by the investor; adjusted Founded only after that part of the legal relationship created other companies will have to formally set up the force. Under the premise that the Companies Act does not violate constitution peremptory norms, you can further refine its supplementary provisions. Statutes can also set more stringent than the provisions of peremptory norms, but not infringe the fundamental rights of its members, and, in the legislative and judicial application process needs to be judged by the legitimacy of the use of peremptory norms. With regard to the people focused on the effectiveness of the effectiveness of the company’s articles of association of external third party. On this issue, we can not generalize, in general, there is no statutory obligation to external third party review of the Constitution, but when it comes to some of the specific areas of corporate law and make provisions expressly authorized by statute, should be given the first statute against the effectiveness of the three priority protect the company’s interests. The effectiveness of the system for the current constitution defects, the article proposed charter to build the dual structure, to further expand the effectiveness of space charter to guide the company to develop personalized articles of association, articles of association may enhance the appeal and effectiveness of the establishment of charter defect relief system perfect proposal and thus improve the effectiveness of the system of the Articles of Association.