Research On The Validity Of The Articles Of The Company's Articles Of Association

In order to comply with the development trend of the modern corporate system,the Company Law of the People's Republic of China,revised in 2013,(hereinafter referred to as the "Company Law")has been added from the legislative level to increase the number of shareholders of the limited company in the articles of association.Such as the use of the provisions of the Articles of Incorporation,from the provisions of the Articles of Association,or "except as otherwise provided in the Articles of Association" at the end of many Articles.These provisions from the legislative point of view the limited company shareholders in accordance with their own ideas to govern the company's rights.But in practice,but often because of the "Company Law" understanding of the deviation or misunderstanding,resulting in many companies and shareholders,shareholders and shareholders due to the autonomy of the terms of the agreement to determine the effectiveness of disputes.The validity of the charter of the limited company is reflected in the whole process of "no matter from","from birth to death".With the development of the Chinese market economy and the modern company system,more and more shareholders or investors are aware of the important role of the articles of association in the management of the limited company and eagerly hope that their rights can be effectively protected.But in judicial practice,in the articles of association in the autonomy of the content and the legal effect is often denied.Therefore,this article through the meaning of the company's charter,the basic attributes,legal characteristics and the contents of the articles of association classification and other aspects of the description,together with the relevant cases to analyze.In order to discuss the legal effect and practical significance of the articles of the Company Law on the provisions of the Articles of Association of the Limited Liability Company that can be freely agreed upon to the Company,especially the shareholders or investors.