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On the Protection of Creditor’s Benefit in One-man Company

Author: LuoJie
Tutor: WangZhenJiang
School: Lanzhou University
Course: Legal
Keywords: One-man Company Protection of Creditor’s Benefit Corporate Governing Mechanism Sole Shareholder Lifting the Corporate Veil
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 229
Quote: 1
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Abstract


One-man company, as the new pattern in the development of corporate, meets the needs of various investors with its appealing features, which are the limited liability, particular organization, sole shareholder control at first hand and face market neatly and so on. Therefore, it will be great impetus of the development of corporations in the world, almost all the countries are mending corporation law or relevant laws to legalize. In China, the 18th meeting of PRC National Congress Standing Committee passed the Amendment to "Corporation Law of PRC" on October 27th, 2005, building primarily the law system of one-man company in China.However, everything has its two sides. Compared with meeting the needs of economy life, one-man company characters, conflict with traditional corporate law system which could balance interests among traditional shareholders, between shareholder and company and between shareholder and creditor, therefore, a special and effective supervisory measure in order to protect creditor’s benefit should be demanded. This article takes center of protecting creditor’s benefit in one-member Company and on the analysis of impulsion of one-member Company to put forward relevant protected measures. New corporation law concerning one-member company system is too imperfect to protect creditor’s benefit. The author strives to table some proposals to carry this point.This paper is always on the basis of Marxian’s philosophical creed and adopts some methods about valuation, demonstration, compared to review problems about protection creditor’s benefit in one-member Company, in the meanwhile, take fruits of foreign countries to put forward some proposals.This paper is composed of four parts:The first chapter: Analyzing the risks of creditor’s benefit of One-Man Company. The main angles are sole shareholder, corporate governing mechanism and limited liability.The second chapter: Introducing the status quo of Chinese legal system regarding one-Man company and based on criterion and practice, affirming the feat of new corporate law which has established the protection creditor’s benefit in one-man company. Then analyze the deficiencies about three aspects, which are fiscal, superintend, corporate governing mechanism, lifting the corporate veil.The third chapter: Recommending overseas fruits of protecting creditor’s benefit in one-member Company, taking America, England, Germany, France and Japan for reference to bring the relevant advanced measures for China.The fourth chapter: Putting forward perfected proposals of protecting creditor’s benefit form the aspects of fiscal superintend, corporate governing mechanism and lifting the corporate veil. Hereinto, strengthen fiscal superintend includes setting up accountant supervise system, transparent financial system, indebtedness hypothecate system; standardize corporate governing mechanism includes building fathering together of interest group and intendancy; the last aspect concludes the main cases in point. This dissertation presents ideas in developing the regulation of creditor protection of one-man company in order that it will function as well as expected.

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