发起人为促成公司成立并取得法人资格而为设立行为,该设立行为是发起人的共同行为。发起人作为共同行为人发挥设立中公司决策和代表机关的作用,所为的设立行为视为设立中公司的行为。设立中公司具有向法人形态转化的过渡性和暂时性,是特殊的非法人团体。 The sponsor is an act of establishment in order to promote the incorporation of the company and acquire the legal person status. The act of establishment is the joint act of the sponsor. The promoters, acting as joint agents, play the role of making decision-making and representative organs of the medium-sized companies. The act of establishing them is regarded as the act of setting up a mid-company. It is a special unincorporated group that the established company has the transitional and temporary transitional transformation to legal person.