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Study on Company Registration Review

Author: CaiHongHui
Tutor: ShenGuiMing
School: East China University of Political Science
Course: Economic Law
Keywords: Company registration system Company registration review Form of review Substantive examination
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 68
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Abstract


Company registration system as an important legal system of the Companies Act, to protect the security of transactions, safeguarding the legitimate rights and interests of the parties to the transaction has a very important significance. Review of the methods and principles of company registration is an inevitable problem in the legal system of company registration, to study it not only has a theoretical value, but also has important practical significance. Currently, the countries of the enterprise registration review is divided into: a formal examination of the doctrine and substantive examination '. Formal examination of the belief that the integrity of the company registration authority to require registration matters and related documents, the form of the legality of a negative review responsibilities, unless otherwise provided by law, the applicant is responsible for the authenticity of the material. The doctrine of substantive examination, the company registration authority of the applicant's application for registration, not only to review in the form of compliance with the law, and its company registration matters whether it is true, also requires a review of the law strictly verifiable. What form of review, the substantive examination related to the responsibilities and obligations of the company registration authority, registration quality, thus affecting the protection of the rights and interests of the shareholders and creditors, social and economic security, efficient and healthy development in the company's registration. In this article, the author attempts by the company registration review: form of review and substantive review of its relationship analysis, and proceed from the existing case, discusses the status quo and the specific plight of registration censorship in China, which combined with the actual work of the author, and explore The proposing the perfect company registration censorship. This paper is divided into three sections of the first chapter introduces company registration review: The form of review, substantive examination and compromise the review, and the form of review and substantive review of the relationship between analysis. First, discusses the form of review and substantive review of the advantages and disadvantages of the analysis in order to introduce the general concept of compromise review and rules. Then, specific analysis of the linkages of the form of review and substantive review and audit responsibilities. The second chapter studies the status quo of our registered censorship. First, the Review discusses the transformation of Chinese enterprises registered censorship in the form of review and substantive examination. Then, through the analysis of a real case, specifically addressed the defects of Chinese enterprises registered censorship. Finally, it discusses the plight of the substantive examination at this stage of the implementation of enterprise registration. The third chapter expounds about the enterprise registration censorship improve recommended. First, the combination of the above the status quo of China's registration review, and proposing improved with the implementation of the substantive examination of Chinese enterprises registered censorship. Then discussed in detail the principle of the establishment of a suitable company registration review of the condition of our country. Finally, elaborated form of review and coordination of the substantive examination application.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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