Research On Several Issues Of The Legal Effectiveness Of The Company's Articles Of Association

As a necessary self-governing norm of a company,the articles of association play a very important role.Its effectiveness not only affects the development and management of the company,but also involves the realization of the interests of third parties.The articles of association restrict the free flow of stock rights by stipulating the shareholders' preemptive right to purchase,defining the qualifications of the transferee shareholders and setting up strict procedures for the transfer of stock rights,which is in conflict with the principle of the free transfer of stock rights stipulated in the Company Law.The validity of this kind of restriction on equity transfer clause needs to be studied in the light of the company's type,nature and other provisions of the articles of association,and can not be generalized.This paper discusses the dispute between Zhou Mou and Xuzhou Huaihai Rural Commercial Bank in the case of equity transfer.Starting from the nature of Huaihai Agricultural and Commercial Bank,the effectiveness of the articles of association restricting equity transfer in this case is analyzed.As an actual investor in this case,Zhou Mou violated the provisions of the articles of association by signing the equity transfer agreement between Jiangsu Fengyu Grain and Oil Co.,Ltd.,which led to disputes over the validity of the transfer agreement.And the articles of association have different views on the effectiveness of the anonymous shareholder Zhou Mou.Therefore,we need to improve the content of the articles of association,improve the personalization of the articles of association according to the nature of the company to increase the execution of the articles of association,and add the remedial methods of the defective articles of association.