Abstract: Promoters are one of the necessary conditions for founding of a stock company.After the issue of the new Company Law of China,there are still some problems that are to be nailed down.The definition of a promoter in the Common Law is different from that in the Roman law.The Law in China should confirm the formal requirements for a promoter,such as signature on company constitution.Prohibitive conditions and fiduciary duties should be prescribed with regard to promoter's qualification.