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公司章程是一个公司成立的必备条件,作为公司的宪章性文件,它扩张了公司的意思自治空间,其重要性是不言而喻的。我国现行《公司法》中“依公司章程规定”的条款明显增加,赋予公司章程的自治空间更大,这一点在有限责任公司中体现得尤为突出,这是因为有限责任公司具有“人合”性,与股份有限公司相比更强调私法自治。
The constitution of the company is a prerequisite for the establishment of the company. As a charter of the company, it expands the company’s space of autonomy of purpose. Its importance is self-evident. In our current “Company Law”, the provisions of “according to the articles of association of the company ” obviously increase, giving more autonomy space to the articles of association of the company, which is more obvious in the limited liability company because the limited liability company has People together "sex, compared with the limited liability company more emphasis on self-government of private law.