Co., Ltd. Set Up The Invalid Legal Issues Research

As one of the most important part, Company Limited plays a irreplaceable role.The doctrine of Standardlzation asks the administration to pay attention only to theformal documents. It makes it possible that defective incorporaed company exists. Lawshould regulate the defective incorporation, because the defective incorporaed companynot only runs properly itself, but also be harmful to the right of the stockholder、 theperson who dose busniss with the company and the creditor of the company. Chineselaw is too simple to regulate the defective incorporation. Invalid incorporation system inContinental Legal System can solve the problem of defective incorporaed company. Thepaper tries to analyze invalid incorporation system in Continental Legal System to helpestablishing invalid incorporation system in China. There are more than20,000words inthe paper. Besides introduction and conclusion, the main body of the paper includesthree parts as follows:The first part is the basic ideal of the incorporation of the company litimted and theinvalid incorporation. The content of this part includes the concept of the incorporationof the company litimted、the factor and the procedure to establish a company litimted、the concept of the the invalid incorporation and its harm.The second part is the reson of the invalid incorporation. The content of this partincludes the reson because of the sponsor of the company limited、 the reson because ofthe capital、the reson because of the articles of association、the reson because of theprocedure.The third part is the way of dealing with the invalid incorporation in ContinentalLegal System state (area) and its experience for China. There is, in Continental LegalSystem state (area), a system in which company registration revoked by the judiciaryand a system in which defective incorporaed company can be corrected by stockholders.The systems are so advantageous that China can learn it according to Chinese reality.