Why the articles of association matter?

2021-02-20 Legal Service

If you want to start a company in China, you need to prepare good articles of association.

 

In the sense of company law, the articles of association are called 「the constitution of a company」. It’s the cornerstone of the operations of a company. It doesn’t mean that you shall have more rights if you invest more. If the articles of association are not written well, it’s possible that you have less power over the company even if you invested more than any other shareholders.

 

Some foreigners choose to let their agents write the articles of association for them or even download some copies from the website to save money.

 

However, the Company Law was enacted in 1993 and has been amended 5 times. The People’s Supreme Court had issued 5 judicial explanations for the Company Law . It means that the copy of the articles of associations you download from the website or written by your agents may be lag behind the new amendments or judicial explanations. Even though it saves money for you, but also brings great risk for your business. In order to run your business well, you need to prepare better articles of associations.

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