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公司,以有限责任为核心,自其产生以来,即在市场经济和国际贸易中发挥着不可替代的作用,无怪乎巴特勒赞誉公司为“现代社会最伟大的独一无二的发现。即使蒸汽机和电都无法与之媲美。而且,倘若没有有限责任公司,蒸汽机和电的重要性也会大打折扣”。然而,公司毕竟为制度技术所构造,相较于自然人,其不仅受到性质上的限制,亦须在法律上对其权力加以防范以避免成为殃及池鱼的祸首。故而,公司在其目的、担保、转投资、借贷等方面因各国国情和环境不同,而受到了一定程度的限制,如我国《公司法》第16条第2款对公司为其股
Companies, with limited liability at the core, have played an irreplaceable role in the market economy and in international trade since their birth, and it is no surprise that Butler praised the company as “the greatest unique discovery in modern society.” Even though steam engines and electricity Can not be compared with it.And, without the limited liability company, the steam engine and the importance of electricity will be greatly reduced ". However, after all, the company is structured by institutional technology. Compared with natural persons, it is not only restricted in nature, but also has to legally guard its power so as to avoid becoming the culprit affecting fish ponds. Therefore, the Company has been restricted to a certain degree in terms of its purpose, guarantee, transfer of investment and borrowing due to the different national conditions and environments of various countries. For example, Article 16, paragraph 2, of the Company Law of the PRC grants the Company its stock