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公司章程是公司存在和活动的基本依据,是公司行为的根本准则,是规范公司行为的内部制度,对公司、股东、董事、监事和高级管理人员均具约束力。章程对于公司的作用犹如宪法对于国家的作用。基于公司性质的不同区分,有限责任公司的章程主要以当事人意思自治作为效力判断的依据,而辅之以强制性, 股份有限公司尤其是上市公司的章程中
The articles of association of a company are the basic basis for the existence and activity of a company. It is the fundamental guideline for the behavior of a company. It is an internal system that regulates the behavior of the company and is binding on the company, shareholders, directors, supervisors and senior executives. The charter acts as a corporation for the role of the state in the constitution. Based on the different nature of the company, the constitution of the limited liability company mainly based on the autonomy of parties as the basis for judgments of effectiveness, supplemented by mandatory, limited liability companies, especially listed companies in the constitution