The 4th state-owned company transforms those who be company of state-owned and solely invested finite liability according to company method whole, the debt of former company, assume by the finite liability company after transforming.
[article gist]
This be change the provision that makes the debt after be state-owned and solely invested company assume about state-owned company.
[understanding and applicable]
The company is society of modern market economy bilk the foundation with existence and development, company system is a kind of very mature company system, the enterprise that is best efficiency organizes a form. The situation with contemporary company the most typical system is the company is made, company system is typical legal person system, it is the form of a kind of organization that builds for the basis with asset liability. Company company makes transformed ultimate goal is the contemporary company system that builds what give priority to a problem with the company to accord with market economy demand. The enterprise is in its development process, use the constituent system that the company makes, the property right of OK and clear business concerns, aggrandizement is contributive person the competitive consciousness that invests consciousness and operator, build scientific and sound constituent management system, make an enterprise become manage independently, the legal person substance that development of assume sole responsibility for its profits or losses, ego, ego restrains and market competition main body. Understand on the foundation and use judicatory explanation to make transformed theory of law from company company, be necessary to introduce briefly to be made with company company transform relevant corporation law system.
(one) corporation law system
Company, point to method of according to company to establish, asset by share contributive perhaps composition, what partner holds some contributive specified amounts with its or in the limit of of share specified amount assumes responsibility to debenture Wu, company the is a purpose in order to seek profits legal entity that with its total assets assumes responsibility independently. The company's mainest law feature is to seek profits essential feature of the gender, any company must be had seek profits the essential feature of gender and legal person sex, do not have afore-mentioned features, cannot call the company on legal meaning. The company is the management organization that is a purpose with seeking profits. The end that creates a company is to get profit. Any investor are contributive create a company, it is to get profit. Method of each country company gifts company with legal person position, the company must have the following requirement as legal person: (1) must establish lawfully. Our country law stipulates the company wants to acquire corporate organization, must have not only " civil code general rule " the condition of the 37th regulation, and must according to " company method " formulary condition and program are established. (2) the property that must have independence counterpoises. Partner and company have independent moral quality severally, total to its worth enjoys the company law money property right, partner individual has no right to manage the property of the branch directly. (3) can assume civil responsibility independently. Company should with its total worth assumes civil responsibility external. The independent character of company liability, expression in partner the debt of incorrect company assumes responsibility directly, partner only what with its contributive forehead perhaps holds share in the limit of to assume responsibility to the company.
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