literature Mainland China English summary

Articles Conflicting with Mandatory Company Law Norms Are Invalid

与公司法强制性规范冲突的公司章程条款无效

A company-law autonomy reading emphasizing that articles may organize internal affairs but cannot displace mandatory Company Law norms.

Open source

Brief English Introduction

This record anchors the basic hierarchy between statutory mandatory norms and charter autonomy. It is useful because students often overstate the phrase “company autonomy” without first asking whether the statutory rule can be displaced.

Use It For

Use it to test articles clauses that alter voting, transfer, director, or meeting rules.

Teaching Notes

The hard part is classifying the statutory rule: mandatory, enabling, supplementary, or default.