Research On Pre-Incorporation Company

The establishment of company is a gradual process.The company after obtaining the business license from industrial and commercial registration becoming the company legal person.In The Company Law of the People’s Republic of China(hereinafter referred to as the company law) not on establishment of the rules about the pre-incorporation.Only The Supreme People’s Court on some issues of the company law of the People’s Republic of China regulations(3) "(hereinafter referred to as the company law to explain three) use of the term" set up the company". But no further instructions, rules of relevant concepts.Setting up a company refer to the company law on the basic theory of subject system is closely related with the legal person system and business.There are so much dispute about the pre-incorporation in judicial activities in court. Set up the company should be worth thinking about what is the legal status about it. There is not a standard of measure in the process of trial for the judge. In the district court trial results are also different.Connection with different sentenced to trial results.It is necessary for us to study the stage before the establishment of the company.Except the introduction part and conclusion part, this paper divided into three parts to expound related issues.The first part, overview the re-incorporation company.Including the definition of starting and ending time to set up the company in question, re-incorporation’s characteristics, and set up the legal status of the company. Set up a company in the starting and ending time of the company’s articles of association should be signed to industrial and commercial registration completed. It’s should be cleared that the pre-incorporation company already have trading conditions. It can undertake certain trading behavior. Set up a company in the legal status of this part is the research emphasis and for this problem this paper, the view is set up in the company is the unincorporated organizations has its own characteristics.The second part, the originator in the pre-incorporation. The originator according to what the pre-incorporation mean to engaged in the behavior about setting up, and the originator is an important part in the company. In this part, content includes mainly involved judging standards about the originator, legal status,authority and obligations. Through the understanding of relevant content, highlight the promoter in important role in the process of establishing the company, to sponsor rights maintenance, improve the enthusiasm, it has established in the company was established.The third part, the establishment of the company trading behavior, this paper discusses mainly the establishment of the company’s business behavior. Set up the company’s action including to set up the inherent behavior of the company, also including the trading behavior. Set up in the company’s trading behavior happened in the set up within the company, also occur in and between the third person. When trading, in the name of the originator, set up in the name of the company, or after the establishment in the name of the company.The fourth part set up the responsibility of a company to undertake. This is also a research emphasis of this article, how to determine an effective responsibility to determine the standard, is the key of the research set up a company to solve, also is the urgent problems in judicial practice. Main body to set up the responsibility of a company account including promoter, sets up the company as well as after the establishment of the company. The company needs to enter into a contract domestic and foreign in the process of setting up. The body of the contract include the originator,the pre-incorporation company and the independent company. Combined with the current laws and regulations as well as the principle of responsibility, to reasonable division of responsibilities, to solve the problem for us to provide clarity of thought, and reducing the occurrence of the different sentence connection with the results of the judicial practice.