Articles Of Association Studies

Unless shareholders frame the articles of association together, the corporation couldn't be established. The articles of association regulates duties of shareholders, directors,supervisors and senior management personnel to rule the corporation's running.It also keep the competitive power of the corporation in market economy. All of above expresses that the articles of association is the major embodiment of corporation's autonomic rules. The Corporation Law revised recently vests corporations much more autonomy and the articles of association has become an important means of corporation's autonomy . So the articles of association may make itself be understood further in details, and strengthen people's consciousness of it. In the meanwhile,the research of the articles of association can actualize the articles of association and promote it's function as the guarantee of the corporation's autonomous development. This paper's main purpose is that the real interaction between the theory and practice will be strengfhened through the study of nature, content and force of the articles of association.This paper consists of 5 parts. The first part sums up the articles of association . The definition, character and effort of the articles of association are discussed, for they are the bases to study. The second part is about the nature of the articles of association. There are three doctrines about the nature of the articles of association including agreement doctrine, autonomy doctrine and constitutional doctrine. It is shown that the articles of association is essentially the rules of corporation autonomy with characters of contract. The third part is about the investigation of the content of the articles of association. Different rules of the absolute recordation, relative recordation and random recordation are comparatively analysised. Then it is realized that regulations in our Corporation Law about the articles of association is so simple. Corporation Law should define that the contents of memorandum are recorded by sorts so that the establishment of memorandum is facilitated. The fourth part is about the force of the articles of association. The entry-into-force time, absolute...