Analysis Of The Basic Problems Of The Articles Of Association

Corporation, which, in certain degree, regarded as the symbol for modern nation, has been the important part of economical activity for a nation. The articles of corporation, like national constitution, is not only the fundamental for the existence of a corporation, but also the basic decree for organization and activities of all corporation. In this study, the effect of company regulation on funding, running, alteration and termination of the corporation was systemically analyzed theories of law, comparative law, law explanation and case study. A minor contribution to the theories of articles of corporation study and practice was expected.The study falls into eight parts:In introduction, the study motive, study goal and method was presented in order to clarify the background of the whole study.In first part, the articles of corporation was defined and it's legal characteristics were summarized. In this study, the articles of corporation, initiated by the corporation founder and the shareholders and finally passed by the shareholders'conference with majority agreement, specifies the corporation name, tenets, scope of management, organization, capital management and the duties and rights between the corporation and shareholders and shareholders themselves. And It is also a legal documentation of regulation for routine activities and organization of a corporation. Furthermore, It restricts the corporation managements and it is a proof for outside world. The legal characteristics of a articles of corporation include the legitimacy, authenticity, publicity, reasonability, universality and restricting characteristics.In second part, the characteristics and effect of articles of corporation were described. No matter in China or in abroad, the study on characteristic of articles of corporation was studied in detail. The representative theories were the contract theory and autonomy theory. In the opinion of author, the articles of corporation possesses the both.In third part, the enacting principles and basic content of the articles of...