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.
The company laws of various countries have clear provisions on the contents of the articles of association, which are mainly reflected in the company's records. The matters recorded in the articles of association are divided into necessary matters and arbitrary matters according to whether there are clear provisions in the law. It is necessary to record the matters that must be stipulated or listed by law. Matters that are not clearly stipulated by the law and recorded by the articles of association shall be recorded at will. According to the influence of statutory necessities on the effectiveness of the articles of association, the necessities can also be divided into absolute necessities and relative necessities. The contents of the above items in the company's articles of association will be different in different countries and different companies, but they are nothing more than the following three aspects: the rights and responsibilities of the company's shareholders; Articles of association of the company; The company's power and rules of conduct.
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.
Once the Articles of Association come into effect, it is legally binding. The company rules and regulations of the articles of association determine the effectiveness of the articles of association on the company and its shareholders, and at the same time bind the directors, supervisors and managers of the company. China's "Company Law" stipulates: "The articles of association of the company must be formulated in accordance with this law." The Articles of Association are binding on the Company, shareholders, directors, supervisors and managers.
Articles of association are the basic criteria for the survival of a company. All employees, shareholders and directors must abide by the articles of association. Relevant regulations that employees need to abide by in the company as stipulated in the articles of association. The articles of association have a certain position in the legal sense, so anyone needs the relevant provisions in the articles of association.
Legal basis: People's Republic of China (PRC) Company Law.
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them;
Article 4 Shareholders of a company shall enjoy the rights of asset income, participation in major decisions and selection of managers according to law;
Article 5 A company engaged in business activities must abide by laws, administrative regulations, social ethics and business ethics, be honest and trustworthy, accept the supervision of the government and the public, and assume social responsibilities. The legitimate rights and interests of the company are protected by law and shall not be infringed.