Theory Of Shareholders Agreement's Relationship With The Company's Articles Of Association

In recent years,of the shareholders' agreement and the articles of association of the company disputes,according to the "company law" in the legal practice of the performance,some parties in the articles of association of the company as a legal basis,and some parties to the rights and obligations of shareholders agreement as the basis,and when the conflict between content,how to apply the law,is not yet clear.In fact,the shareholders' agreement and the articles of association is a kind of system to ensure the realization of company autonomy,there are many similarities between the two,but two in the legal nature,scope,etc.there are many different proof.The contents of the articles of association of the company from the "company law" and other laws and regulations,the content of the shareholders agreement is a part of the agreement between the shareholders.In the implementation of company autonomy on the role of the articles of association of the company has "empowerment company law",but by the nature of the constraints,and can not achieve the effect of company autonomy,and the shareholders' agreement for its contents agreed by shareholders,can better reflect the effect of autonomy.