Research On Civil Liability Of Company Sponsor

Company Promoter is the person to set up the company and to perform itsobligations, Promoter not only exists in incorporated company., also exist in limitedliability company.The originator determine the legal status of the promoter andpromoter relationship with the company.Determine the identity of the promoter andthe promoter can better analyze the legal status of the civil liability of the companypromoter.Promoter ’s civil liability refers to the promoter in the process of preparingthe company, in violation of the contract agreement and the obligations stipulated inthe law and the legal results and shall bear the corresponding legal responsibility oragreed.According to company whether set up successfully to author divide the civilliability of the promoter.Sets up a successful company, the promoterr if not inaccordance with the law and the promoter agreement to perform responsibility, evenif the company set up successfully, promoter shall undertake corresponding civilliability. When company set up failure, promoters need to assume joint and severalliability for the debts of the company.According to the responsibility of the object todivide the civil liability of the promoter.Between the promoters of the civil liabilitygenerally decided by agreement of the promoters, if the promoter agreement is notagreed or not sure, is to determine by law.The promoter to the company’s civilliability is the premise of the promoter for the establishment of companies shall fulfilltheir obligation to faith, and should not abuse the originator of the identity is wantondamage the interests of the company, or for their own interests to damage the interestsof the company.The promoter for the civil liability of the third person, shall bedetermined in priority to protect creditors and kindness.According to the nature of theresponsibility to divede, are divided into contract liability and tort liability.Forcontract liability, due to the promoter to exist in the company set up earlier, accordingto the contract relativity principle, so in general contract responsibility borne by thepromoter, but if the company set up after confirmation or enjoy the rights orobligations thereunder, actually is liable for the contract by the company.To the tortliability, mainly exist in the promoter for the civil liability of the company. In practice,the sponsors at the time of set up a company, offen ignore the promoter agreement foreach promoter’s rights regulation,promoter’s rights without reasonable constraint, so will appear the originator abuse of rights to damage the company, the thirdperson, or other sponsors’ rights and interests.Due to the law of our country is company related regulations about definition ofthe promoter and the content of the agreement.In practice, there are a lot of significantcontroversy,So the author suggested that should be paid great attention to the law ofpromoters related concept definition.In order to apply to practice, will be theimportant terms of the promoters agreement identified as items must be agreed.