1. The differences between the Sponsorship Agreement and the Articles of Association are as follows:
(1) requires different files. The promoter agreement is not a necessary legal document for the establishment of a company, but the articles of association are;
(2) The main vouchers are different. Sponsorship agreement is an unnecessary legal document, which is mainly formed according to the will of the parties; Articles of association are important legal documents, which must be formulated in accordance with relevant laws and subject to necessary formal review or even substantive review by relevant government departments;
(3) The legal effect is different. The promoter agreement is legally binding only among promoters, while the articles of association adjust the legal relationship among all shareholders.
2. Legal basis: Article 11 of People's Republic of China (PRC) Company Law.
To establish a company, the articles of association must be formulated according to law. The Articles of Association are binding on the Company, shareholders, directors, supervisors and senior management.
Two. What are the main contents of the articles of association?
The articles of association mainly include:
1, absolutely necessary items. Required items are essential statutory items in the articles of association of each company. If any of them is missing or any of them is illegal, the whole articles of association will be invalid. These matters include company name, domicile, purpose, registered capital, property liability, etc.
2. Relatively necessary items. Relative recorded items are some items listed in the law, and it is up to the person who makes the articles of association to decide whether to record them. If recorded, this matter will have legal effect; If the record is illegal, only the item is invalid; If it is not recorded, it will not affect the validity of the whole articles of association. Confirm the items that are relatively necessary to be recorded, with the purpose of making the relevant terms binding between the company and the promoters, the company and the subscribers, and the company and other third parties;
3. Any recorded items. Any recorded matters refer to matters that are not clearly stipulated by law. Whether they are recorded in the articles of association or not, the drafters of the articles of association can choose to record them at will according to the actual situation of the company. Other matters deemed necessary by the shareholders' meeting or general meeting.