Legal Remedies Study Of The Articles Of Association Severability

In practice, based on different reasons, the established company’s articles of association will exists many aspects of defects, this defect not only to the shareholders and third parties bring great harm, and would bring the company’s operations to adverse effects. This article is intended to study the legal relief mechanism of the Articles of Association flaws, on the basis of the problem analysis of domestic articles of association Severability relief system on the proposed improvement of legal system of countermeasures and suggestions with a view to the future of the Articles of Association improve the legal system to provide useful lessons.The first part analyzes the basic theory of the validity of the articles of association of the company. This paper not only expounds the concept and classification of the validity of articles of association, but also makes a concrete analysis of the causes of the defects in the articles of association of the company.The second part, the author introduced in the foreword, "Tong Lifang Shanghai Kangda Chemical Co., Ltd. v. A case" analyzes aimed at relief when domestic remedies flaws in the constitution effectiveness aspects, leads to further effectiveness by analyzing the flaws found necessity.First, the articles of association Severability would affect the validity of the Constitution, the different types of defects can cause the articles of association of all valid or invalid part of the terms.Secondly, Severability constitution will produce a corresponding civil liability and administrative liability, especially civil liability is more important.The third part, the author focuses on the effectiveness of the Articles of Association of Rescue Flaw way.First, the article introduces the provisions relating to relief system when the foreign presence in the Articles of Association Severability.Currently foreign companies legislation for charter Severability commonly used way is the way of administrative relief and judicial relief and the combination of private relief.Secondly, the author of the relief system of domestic laws and the effectiveness of flaws in the constitution when to do the analysis.In China, for remedies charter Severability is commonly used in industrial and commercial administrative department confirmed that drew Articles illegal; within the company private relief and judicial relief way.The fourth part, the author compared the country after the charter Severability Legal Remedy extraterritorial laws and regulations, analysis of the status of domestic legislation Statutes Severability relief system, and then from the administrative relief, private relief and judicial relief analyzes the at present, China in the statutes Severability institutional shortcomings and deficiencies relief exists.The last part, the author put forward suggestions for improving the effectiveness of the Articles of Association blemishes status and inadequate legal remedy. Firstly, the constitution established system should improve the effectiveness of the Remediation adhere to the principle of our constitution and then Severability defects and deficiencies relief system made specific recommendations to improve the administrative relief, private relief, judicial relief in three dimensions.