On The Changes Of The Articles Of Association

The article of corporation is compared to "charter of the corporation". The modification of the article of corporation is an important part of it and usually specially stipulated in the law of corporation. However, the description for the modification of the article of corporation is very simple in China's law of corporation, only scattered in 5 clauses. All these cannot adapt to the development and practice of the corporation. There is increased need for the study of the modification in a systematic and specific way. Therefore, this article analyzes the modification of the article of corporation stipulated in foreign laws of corporation, compares it with counterparts of China's law of corporation, combines with practical cases and puts forward relevant proposals, with a view to being instructive for the amendment of China's law of corporation.Based on the previous study, this article puts forward theories about the modification of the article of corporation, making innovations both in the system and content. From the introduction of the concept, description of its reasons and principles, to the discussion of its procedures, legal effects and limitation, the author make some unique opinions.Taking the structure into consideration, the article is divided into 4 chapters. Chapter One "General Idea of the article of corporation" is mainly concerned with the definition, reasons and principles about the modification of the article of corporation. Chapter Two "procedures for the modification of the article of corporation" tells about the proposal, resolution and register of the modification. Chapter Three"the legal effect for the modification of the article of corporation" is dealing with the time, retroactivity and effectiveness for the modification of the article of corporation with terms or time affixation. Chapter Four "limitation for the modification of the article of corporation "gives out seven limitations . All chapters are combined with detailed cases, along with advices to improve the amendment for modification of the article of corporation.