What Is A Company Charter?
The articles of association are the basic norms governing the organization and behavior of a company. The articles of association are not only company Autonomous regulations, and Country The importance of managing companies Basis 。 The articles of association have the following functions:
1. the articles of association are the most important condition and the most important document for the establishment of a company.
The company's establishment procedure begins with the incorporation of the articles of association and ends with the establishment of registration.
China's company law clearly stipulates that it is one of the conditions for the establishment of a company to enter into articles of association.
The examination and approval authority and the registration authority shall examine the articles of association to decide whether to grant approval or to register.
The company has no company charter and can not be approved; the company has no company charter and can not get registration.
2. the articles of association are the basic legal documents for determining the rights and obligations of a company.
Once the articles of association are approved by the relevant departments and approved by the company registration authority, they shall have legal effect externally.
In accordance with the articles of association, the company enjoys various rights and assumes various obligations, acts in accordance with the articles of association and is protected by the laws of the state, and the relevant organs have the right to intervene and punish them in violation of the articles of association.
3. the articles of association are the basic legal basis for the company's external business contacts.
Since the articles of association stipulate the principles and rules of the company's organization and activities, including the purpose of operation, the state of property, the relationship between rights and obligations, etc., this provides conditions and creditworthiness for investors, creditors and third parties to engage in economic exchanges with the company.
All persons who interact with the company's economy in accordance with the articles of association can be effectively protected according to law.
In view of the above functions of the articles of association, it is necessary to strengthen the legal effect of the articles of association. This is not only a need for corporate activities, but also a healthy development of market economy. The articles of association, like the company law, shoulder the responsibility of adjusting the company's activities. This requires that the shareholders and promoters of the company must make a thorough consideration in formulating the articles of association, stipulate clearly and detailedly, and do not make all kinds of understandings. The company registration authority must strictly check and standardize the articles of association, supervise the establishment of the company from the perspective of state management and ensure that the company can run normally after it is established.
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