Research On Invalid Regulations Of Company Regulations

As a very important form of corporate existence in the modern economy and society,the company has a very large proportion of its wealth in the social economy,which has an important influence and effect on the development of the entire economy and society.The company's articles of association refer to the rules of self-government formulated by the company's investors and promoters to restrict the company's relevant behaviors and to promote the company's better development.These rules are very important for promoting the healthy growth of the company.In order to better realize its autonomous function,the new "Company Law" has more extensive definition and specification in the autonomy function of the company's articles of association.However,it still lacks clear provisions on the invalidity of the company's articles of association,thus making some of the existing due to the invalidation of the company's articles of association.Illegal acts cannot be effectively resolved.The research on this subject has very important theoretical and practical significance.It is reflected in the following aspects: on the one hand,it can make up for the deficiencies of related theories;on the other hand,it can improve the company's articles of association system,better play its autonomous function,and promote the company's healthier Development has very important practical significance.This article compares the domestic and foreign research status of the company's articles of association,and proposes that there is a need to establish a point of view of the invalid regulations.Through the general analysis of the invalidity of the company's articles of association,the significance of the research on the invalidation of the company's articles of association was explained.Combined with the legislation and practice of the two major legal systems,the current status and problems of the legislative and practice of the company's articles of association were analyzed.For example,in practice,the procedure for setting up the articles of association in our country is too simple and crude,and the procedures for monitoring the establishment of the articles of association are not perfect.Therefore,it is likely to result in invalidation of the company's articles of association that is caused by the company's articles of association failing to exert its expected legal effect.On the other hand,after the company's articles of incorporation became invalid,the subject's definition of the scope of the invalidity,the determination of the consequences,and the responsibilities and responsibilities of the relevant responsible persons were unclear,resulting in major losses to the company's external entities and social public interests.These phenomena fully reflect the problem of poor applicability of relevant legislation.In view of the infringement of shareholders' interests caused by the invalidation of the company's articles of incorporation,the invalidation of the company's establishment,and the loss of related third party interests and social public interests,it is necessary to formulate procedures for the classification and determination of postresponsibility standards,normative documents,and the uniform recognition of the articles of association.Provide judicial relief channels,set up a sound inspection mechanism,set up an insolvency complaint for the company's articles of association,and major compensation mechanisms to make up for deficiencies in the practice of Chinese company law.