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The company set up invalid system

Author: WangJinHe
Tutor: ZhengTaiAn
School: Sichuan Academy of Social Sciences
Course: Economic Law
Keywords: Company Invalid Incorporation The establishment of defects
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 159
Quote: 1
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Abstract


Invalid Incorporation has set up a company in the process of being established, the case of non-compliance with the Company Law of the fundamental conditions, measures and systems to be dealt with through litigation. Specifically, the company has been established formally, does not meet the statutory conditions or procedures for the establishment of the company, to completely negate the company formally personality. The company set up the following three characteristics: integrity, relative, litigation invalid. Invalid Incorporation and Corporate Personality denied, the company failed to set up companies to set up revocation of the dissolution of the company, such as the concept of a greater difference. The company set up invalid due to both substantive defects include procedural defects. The substantive flaws include the establishment of human imperfections, capital defects, a file defects, does not meet the provisions of the organization, there is no fixed place of business and the necessary conditions of operation, the purpose of the cause of illegal, company names defective; procedural defects, including not the statutory procedures to set up the application for the necessary procedures, documents or fraud, without the approval of the competent authorities, company name, purpose defective. The legal value of Invalid Incorporation objectives include: security of transactions, transaction efficiency, social and economic order, social and employment issues, social justice; Invalid Incorporation of legal costs include: the cost of legislation, law enforcement costs, opportunity costs, social costs ; companies to set up the invalid system should be consistent with the freedom, security, efficiency and fairness requirements, in line with the two legal systems companies to set up common principles invalid. Companies to set up civil liability company set up invalid promoter, intermediary service organizations, government agencies, the Board of Directors and the Board of Supervisors on Civil Liability for invalid. Established companies to set up the the invalid system can enrich our company for the establishment of the system, is conducive to enhancing the credibility of the registration system, to reflect the principle of giving priority to civil compensation of the Companies Act. Perfect Invalid Incorporation should adhere to the principles include: to establish a company to set up the judgment as the main principle in the form of the establishment of the system of invalid supplement company, established companies to set up registration shall be revoked by the judiciary invalid litigation system, establish the avoidance of the company The behavior of the principle of non-retroactivity. Improving Corporate legislation, including the establishment of an invalid system procedures and entities. Registration substantive examination doctrine from the procedural point of view should be taken to improve the company's development of procedures and content, clearly require companies to set up invalid and may revoke the subject matter of, clearly established in the company's dissolution and liquidation procedures, the behavior of the defects will be set up provisions for the company to set up void or voidable the subject matter of the civil liability provisions, improve the company set up invalid, pay attention to the operability of the legislation. Entity, should be clearly promoters, subscribers who have delivered funding or monies attributable to the establishment of the company, clearly promoters boundaries for the acts committed by the company set up with the promoters of the behavior of individuals or promoters implemented in partnership clear the executive and the judiciary in the company set up invalid program supervision and cooperation, thus establishing the administrative liability of approval and registration authority stakeholders.

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