Articles of association are the most basic conditions and the most important legal documents for the establishment of a company. The company legislation of all countries requires that the establishment of a registered company must conclude the articles of association, and the establishment procedure of a company begins with the conclusion of the articles of association and ends with the establishment registration. The articles of association of the company is a written guarantee made by the company to the government, and it is also the main basis for the state to supervise and manage the company.
: Articles of Association
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.
First of all, the articles of association is the most basic condition for the establishment of a company and the most important legal document. The company legislation of all countries requires that the establishment of a registered company must conclude the articles of association, and the establishment procedure of a company begins with the conclusion of the articles of association and ends with the establishment registration. The articles of association of the company is a written guarantee made by the company to the government, and it is also the main basis for the state to supervise and manage the company. Without the articles of association, a company cannot be established.
Secondly, the articles of association are the basic legal documents to determine the relationship between rights and obligations of the company. The Articles of Association of the Company shall have legal effect after being approved by the relevant departments. The Company shall enjoy all rights and undertake all obligations in accordance with the Articles of Association. Acts that conform to the articles of association are protected by national laws, and acts that violate the articles of association will be intervened and sanctioned.
Finally, the articles of association are the basic legal basis for the company to conduct internal management and foreign economic exchanges. The articles of association stipulate the principles and detailed rules of the company's organization and activities, and are the basic guidelines for the company's internal and external activities. The rights and obligations of shareholders and the established internal management system are the basis of the company's internal management. At the same time, the Articles of Association is also an important legal document for the company to show its credit to the third party and for the other party to know about the company's organization and property. The company's articles of association publicly state the company's purpose, business scope, capital amount and responsibility form. To provide conditions and credit basis for investors, creditors and third parties to conduct economic exchanges with the company, so as to facilitate the relative person to know the company's organization and property status and facilitate the company's economic exchanges with third parties.
The concept of the company's articles of association includes several aspects: first, the contents stipulated in the company's articles of association are fundamental and have a fundamental impact on the company and its operation, such as the nature, purpose, business scope, organization, rules of procedure, distribution of rights and obligations, etc. Second, the necessary legal documents for the establishment of the company; Third, it is drafted by the sponsors or entrusted by others and approved by shareholders.
The articles of association are also the basic legal documents to determine the relationship between rights and obligations of the company. According to the articles of association, the company enjoys various rights and undertakes various obligations. Acts that conform to the company's articles of association are protected by law, and acts that violate the articles of association will be intervened and sanctioned.
The articles of association are also the basic legal basis for the company to conduct internal management and foreign economic exchanges. The articles of association stipulate the principles and detailed rules of the company's organization and activities, and are the basic guidelines for the company's internal and external activities. The rights and obligations of shareholders stipulated in the articles of association and the established internal management system are the basis of the company's internal management. At the same time, the Articles of Association is also an important legal document for the company to show its credit to the third party and for the other party to know about the company's organization and property. The company's articles of association publicly state the company's purpose, business scope, capital amount and liability form, which provides conditions and credit basis for investors, creditors and third parties to conduct economic exchanges with the company, so as to facilitate the relative person to know the company's organization and property status and facilitate the company's economic exchanges with third parties.
In the company law of civil law countries (regions), the articles of association are internal norms that are binding on its members within the scope prescribed by law, and are effective for members who join the company and voluntarily abide by these rules.
Common law countries have slightly different understandings of the articles of association, and their forms of expression are also different from those of civil law countries. Its articles of association are generally composed of two documents: the outline and the detailed rules of the articles of association, covering different contents, namely, the company's "external articles of association" and "internal articles of association". The "external articles of association" stipulates the most important items in the company, which are generally the basic and necessary clauses in the company's articles of association; The "internal articles of association" mainly stipulates the relationship between the company and shareholders, and its content is arbitrary, which is regarded as a contract between the company and shareholders and between shareholders. However, its overall content is basically the same as the articles of association of civil law countries (regions).