As we all know, if you want to legally register a company, you need to draw up the articles of association when you are in industrial and commercial registration. In the process of drafting the articles of association, it is necessary to fill in the business term of the company. How to fill in the business term of the articles of association? I will give you detailed answers below, hoping to help you.
1. How to fill in the business term of the Articles of Association?
The business term of the company is 20 years (or 10 year, 30 years), counting from the date when the Business License for Enterprise as a Legal Person is issued.
The term of business refers to the effective time of the company's existence, which can be divided into two types: limited and unlimited. There are two situations when there is a term: one is a self-created term, which means that the shareholders or promoters stipulate the business term in the articles of association; The second is the statutory time limit, which refers to the time limit required by the management organ to be indicated in the articles of association; Indefinite is an attitude that the law does not force the company to indicate the deadline.
Except for a few countries, the company laws of most countries and regions, including China, do not stipulate the business period, which is the company's self-control behavior. In China, there is no limit to the legal term of operation. It can be written in the articles of association that the term of operation is twenty or thirty years, and it can be renewed when it expires, that is, there is no term of operation. In order to avoid the trouble of renewing the business term, it is generally written as "long-term".
2. What are the articles of association of the company?
The Articles of Association refers to the basic documents formulated by the company according to law, which stipulate the company's name, domicile, business scope, management system and other important matters, and it is also a necessary written document that stipulates the basic rules of the company's organization and activities. The articles of association is the expression of shareholders' agreement, which stipulates the basic principles of the company's organization and activities, and is the articles of association of the company. Articles of association have the basic characteristics of legitimacy, authenticity, autonomy and openness. The articles of association, like the company law, bear the responsibility of adjusting the company's activities. As the basic principle of the company's organization and behavior, the articles of association are of great significance to the establishment and operation of the company. It is not only the foundation of the company's establishment, but also the soul of the company's survival.
Third, the role of the articles of association
(a) the most important conditions and documents for the establishment of the company
The establishment procedure of a company begins with the conclusion of the articles of association and ends with the registration of establishment. China's "Company Law" clearly stipulates that the establishment of articles of association is one of the conditions for the establishment of a company. The examination and approval authority and the registration authority shall examine the articles of association of the company and decide whether to approve or register. The company has no articles of association and cannot be approved for registration.
(2) The articles of association are the basic legal documents to determine the rights and obligations of the company.
Once the Articles of Association are approved by the relevant departments and approved by the company registration authority, they will become legally effective to the outside world. The company enjoys various rights and undertakes various obligations in accordance with the articles of association, and the behaviors that conform to the articles of association are protected by the state laws; In violation of the articles of association, the relevant authorities have the right to intervene and punish.
(3) The basic legal basis for the company's foreign business dealings
Because the articles of association stipulate the principles and detailed rules of the company's organization and activities, including business objectives, property status, rights and obligations, etc. It provides conditions and credit basis for investors, creditors and third parties to conduct economic exchanges with the company. Anyone who is associated with the company's economy according to the company's articles of association can be effectively protected according to law.
(4) The articles of association are the autonomy norms of the company.
As the company's autonomy criterion, the Articles of Association is determined by the following contents.
1. As a code of conduct, the articles of association are not formulated by the state, but by the shareholders themselves according to the company law. The Company Law is the basis for formulating the Articles of Association. Because the company law can only stipulate the universality of companies, it is impossible to take into account the particularity of each company. The articles of association formulated by each company according to the Company Law can reflect the company's personality and provide a code of conduct for the company.
2. The Articles of Association is a code of conduct outside the law, which is implemented by the company itself and has no national compulsion. In case of violation of the Articles of Association, as long as it does not violate laws and regulations, it shall be resolved by the company itself.
3. The articles of association, as the code of conduct within the company, only have the effect of the company and relevant parties, but have no universal effect.
The above is the relevant knowledge I collected for you about how to fill in the business term of the Articles of Association. To sum up, there is no mandatory provision for the term of business in China's laws, and the company can draw up its own term of business according to its own actual situation. It can write the business term of 20 or 30 years in the company's articles of association, and it can be renewed when it expires.