The articles of association refer 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. Or it refers to the necessary written documents that the company stipulates the basic rules of the company's organization and activities, which are expressed by shareholders who are fixed in writing. It is the basic principle of the company's organization and activities and the company's articles of association. The basic characteristics are legitimacy, authenticity, autonomy and openness. As the basic principle of company organization and behavior, it is of great significance to the establishment and operation of the company. It is not only the foundation of the company, but also the soul 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; The company has no articles of association and cannot be registered.
There are many kinds of articles of association of companies, including articles of association of technology companies, articles of association of foreign trade companies, articles of association of machinery companies, articles of association of service companies, articles of association of insurance companies, articles of association of real estate companies, articles of association of electronic companies, articles of association of environmental protection companies, articles of association of technology companies, articles of association of commercial electronic companies, articles of association of leasing companies, articles of association of securities companies, articles of association of financial companies, articles of association of engineering companies, etc.
Second, the role and significance of the articles of association
1. The 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 articles of association must be formulated when establishing a company. The establishment procedure of a company begins with the formulation 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 residence for the state to supervise and manage the company. Without the articles of association, a company cannot be established.
2. The Articles of Association is the basic legal document 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.
3. The Articles of Association is 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.
4. The Articles of Association is also an important legal document for the company to show its credit to the third party and let the other party 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.