A Comparative Research on Some Legal lssues of Shareholders Agreement and Articles of Incorporation

The shareholder agreements signed by promoters before the establishment of incorporation are preincorporation contracts which only bind promoters, while articles of incorporation signed by shareholders who have paid the registered capital after the establishment work the same as legal norm, binding the company , signed shareholders , the unsigned boards and supervisors, etc. When a company is formed and registered under law, shareholder agreements will not be replaced by articles of incorporation , and their effectiveness will not certainly cease without amendment, change or termination of shareholder agreements. In a case of lawsuit, there does not exist a final confirmation between shareholder agreements and articles of incorporation, depending on different objects of proof.