(2004)民一终字第46号;载《最高人民法院公报》2005年第7期

Gazette Case: Guixinyuan Co. v. Quanwei Co. and Others

A company does not automatically lose its legal-person status merely because its registered business term has expired, so long as it has not been deregistered or revoked. Even if a contract falls outside the company's registered business scope, it should not be denied effect solely on that basis where it is, in substance, a disposition of the company's own property and does not violate mandatory rules on validity in laws or administrative regulations.

Holding

A company does not automatically lose its legal-person status merely because its registered business term has expired, so long as it has not been deregistered or revoked. Even if a contract falls outside the company's registered business scope, it should not be denied effect solely on that basis where it is, in substance, a disposition of the company's own property and does not violate mandatory rules on validity in laws or administrative regulations.

Issues

business scope exceededexpiration of business termland-use-right transfercontract validity