论公司成立无效制度（On the invalid system of the establishment of the company）.doc

论公司成立无效制度（On the invalid system of the establishment of the company） On the invalid system of the establishment of the company Authors: Joe new / Zhou Ming / Li Qiwei First, the establishment of the company and the establishment of the company invalid After the establishment of the company from the establishment to the establishment, the normal operation of the foreign business should go through three stages, namely, the establishment stage, the establishment stage and the company legal personality qualification stage. Correspondingly, the establishment of the company, the formation of the company and the company behavior. Specifically, the companys establishment behavior refers to a series of successive legal actions by the promoter of the company in order to obtain the legal person status for the Create Company. The establishment of the company act refers to the company registration authority for the promoters of the company or its agent to submit the application documents and to set up a company for review, to comply with the statutory conditions to be registered and issued a license behavior. The companys behavior refers to the effective establishment of the company, the company or agency in the name of the companys legal effect attributed to the companys behavior. The establishment of the company is an important link in the preceding three kinds of behavior. Generally speaking, the establishment of a company is the legal recognition of the legal establishment of a company, which leads to the legal effect of its establishment - to obtain the legal person status, which is the premise of the companys behavior. The establishment of the company and the company set up the company behavior behavior, behavior, also have significant difference, the former main body of legal relationship is the company registration authority and the promoters of the company, it is a kind of administrative behavior, applicable law; the latter is the legal relationship between the main spo