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The Monitoring Mechanism’s Improvement of One Person Company in Law

Author: ZhangJingWei
Tutor: WangZhenJiang
School: Lanzhou University
Course: Legal
Keywords: Company Law One company Corporate oversight
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 156
Quote: 0
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Abstract


The company supervision mechanism is an integral part of the modern corporate system, the effective running can guarantee the normal operations of the company, to protect the legitimate rights and interests of investors and other stakeholders. One company is a limited liability company formed in compliance with the terms of the limited liability company in the Companies Act, the ordinary the terms of the limited liability company based adjustment the multiple shareholders relationship to its main content and design. , Which makes these Terms as set many of the provisions of the corporate bodies are based plural shareholders may not be effective in the face of the one-man company. Companies Act for the supervision of one company does not have a specific and detailed provisions, one internal governance structure corresponding ordinance appears to lack support. One-man company with a limited liability company, compared, do not set the shareholders' meeting, can not set up the Board of Directors, the Board of Supervisors, oversight mechanisms require reference to a limited liability company's Supervisory Board for the supervision of the main body of the company supervision mode, and the directors and supervisors of one company exists thousands of silk million strands of the relationship, in fact its supervision and effect difficult as wished. Mainly the existence of legal oversight weakened, so that the internal control problem is serious information informed asymmetry so many practical problems; powers and responsibilities provided for external oversight body for overseeing the internal governance structure system is not clear, resulting in scarcity of oversight capacity. How to improve a person's supervisory mechanism has become the unavoidable issue in the field of Law in China. I believe that it is necessary to deal with one company supervision and perfect the mechanism of considering reasonable reference and effective integration of the existing limited liability company supervision system, but will have to consider the particularity of one company to coordinate the relationship between the different monitoring tools. Thus, the paper first analysis of the need for one company oversight mechanisms exist, and then study the existing provisions of the Companies Act on the supervision system, pointed out that the Current one company oversee Problems, draw, compared to two law systems company oversight mechanism from one company The two aspects of the internal oversight mechanisms and external oversight mechanisms put forward ideas to improve the supervision mechanism of China's one-man company, to the the company oversight mechanism to find a suitable situation of our country, integration of the current situation of a lack of corporate oversight mechanisms. Specifically supervisors to establish an independent internal oversight, independent directors and financial, staff supervision; external oversight strengthen the administrative supervision of the courts and prosecutors on the one-man company, to strengthen auditing and supervision of creditors and bankruptcy liquidation. The full text of five chapters, about 38,000 words.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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