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一、关于发起人的含义对公司发起人的含义,各国公司立法都很少有明确的定义。笔者认为,发起人是指负责公司筹备,并在公司章程上签名盖章的人。理由是:第一,在现代商业活动中,公司的组建,尤其是组织较为复杂的股份有限公司,由于存在大量的技术上和法律上的问题,往往需要有诸如会计师、律师等专业人员的参与。而这类专业人员又往往不承担公司发起人的权利义务,而仅仅是对聘用他们的公司发起人负契约责任;第二,若以签名盖章于章程作为发起人的标准,其对公司设立行为负责的法律关系较为明确,也便于权利人行使权利,义务人自觉履行义务。至于实际上发起人是否参与公司设立的其他具体
First, on the meaning of sponsors The meaning of the sponsor of the company, national company legislation is rarely clear definition. In my opinion, the sponsor means the person who is responsible for the preparation of the company and the signature and seal of the company’s articles of association. The reasons are as follows: First, in modern commercial activities, the formation of a company, especially a more complicated joint-stock company, often requires the participation of professionals such as accountants and lawyers because of the large number of technical and legal issues . And these professionals often do not assume the rights and obligations of the sponsors of the company, but only to hire the sponsor of their company to assume the responsibility of the contract; second, if the signature and seal the charter as a sponsor of the standard, the company set up Be responsible for the legal relationship is more clear, but also easy to exercise the right holder, the obligor consciously perform their obligations. As for the actual sponsor is involved in the establishment of the other specific