Research On Legal Problems Of Pre-incorporation

Establishment of a corporation is a procedural and substantive process. Theorist usually called the organization of corporation set up phase as"The establishing corporation". The accomplished corporation and the establishing corporation have unusual relationship, as the corporation is the result of the establishing corporation, and also is the reason for its existence. The establishing corporation's behavior related the target corporation's accomplished or not, and health or not. For such an important entity, all country's corporation law have few regulation for it. In practice, the establishing corporation really exists. It play a tremendous role for the corporation's effective established. Which role does the establishing corporation have? In order to complete the purpose for it, what kind of capacity should be given? These are worthy to study. The issue discussed the accomplishing corporation's concept, nature, legal status, civil capacity and so on. Also the issue put forward a number of own views. The whole issue have five parts.First part analyzed the concept of the establishing corporation, nature and legal status. First, base on discussed the start of the establishing corporation, analyzed the concept of the establishing corporation, and think The establishing corporation is a transitional non-corporative association , being from the time that the founder made a corporation constitution to the time of the registration, with the aim to set up a nonprofit corporation.Second, analyzed the important meaning of acknowledged"the establishing corporation"based on theory and practice. Finally analyzed the nature and legal status of the establishing corporation, think the nature is"Limited personality association". Second part based on the nature of the establishing corporation, focus on it's civil capacity. For the establishment of the corporation is a gradual process, so based on the establishing corporation's established process, discussed the formation process of it's civil ability, the civil conduct and liability. The issue think the establishing company have limited legal right capacity and conduct capacity, but not only limited for establishing behavior. After the founder made a corporation constitution to the time of the registration and established the corporation's authority, there just have difference in form. In essence, it have ability to complete non-essential transactions.Third part briefly introduced the body of main responsibility, and divided the accomplishing corporation's behavior into establishing behavior and non-essential transaction. Then, this part discussed different responsibility when established the corporation success or failure.Forth part put forward his own view about the establishing corporation's legislative proposals, in order to pay contribute for further improvement for our corporation law system.