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The Structure of One-Man Corporate Governance Research

Author: FanRenTao
Tutor: MaQiLin
School: Zhejiang Technology and Business University
Course: Civil and Commercial Law
Keywords: Corporate Governance One corporate governance structure Individual shareholder
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 181
Quote: 1
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Abstract


Since the new Companies Act on 1 January 2006 onwards, the implementation of the one-man company officially given legislative recognition of the economic subjects. As an emerging market economy, the main one company has more advantages than the traditional company, its unique governance structure, it set up a more convenient, low management costs, help to encourage citizens and businesses to start their own businesses, to attract private capital expand investment channels, is conducive to social funds to invest in the economic field, and is conducive to promoting economic development and increase employment. However, compared with the traditional corporate form of organization, only one company shareholders, the role of mutual restraint between traditional shareholders can not be reflected, usually a separate shareholder himself as directors, managers, and the actual control of the company, the lack of the checks and balances of the complex between the shareholders and the company's internal between the three institutions. So, one shareholder may be personal property and the property of the company confused with the private company property for other purposes, with self-dealing, the name of the company for their own guarantee or loan. Many confused with the company's relative to difficult to figure out transactions with the company or shareholders' personal creditors of the company or a relative took on too much risk of which is not conducive to maintaining the stability of the socio-economic. Existing Companies Act, learn foreign legislation the basis of the facts of our country's one-man company to make the appropriate norms, but the relative comparison in the constantly evolving one company seems to still seem a little powerless, therefore, the perfect one-man company governance structure favor full play to the advantage of one company, and make greater contribution to the socio-economic development, at the same time to protect the legitimate rights and interests of whom the relative human important significance. The paper will first introduce some of the basic problems of the corporate governance structure, and then combined with the characteristics of the one-man company, and the status quo of China's legislative, theoretical analysis of a corporate governance structure, summarized existing problems and propose solutions to ideas. The basic ideas and logical structure of the papers are as follows: Chapter one theory of corporate governance structure analysis. Including an overview of the corporate governance structure, an overview of one company and one company exists which dispute the legal nature of the one-man company. The second chapter of the governance structure of the status quo of China's one-man company and theoretical analysis. It is this paper focus on the content, including the formation of one-man company internal governance structure of shareholders, shareholder resolutions convened procedures and shareholder resolutions must be the formation of record and signed by one shareholder, one company powers authority existence of the defect; one company directors of eligibility, elected and the convening of the board of directors and the resolution of the recording, the directors of the Company of one existence of defects; one company supervisors of the qualifications and election of the board of supervisors convened and resolutions record company supervision authority of a person exists the defect; country one corporate governance structure related problem of the status quo analysis of the financial supervision system; the publicized registration system; accountability mechanisms. Chapter III of the corporate governance structure of the one perfect. It is this article another focused content, including one corporate governance structure perfect one company the power to institutions; one company's board of directors, directors; one company's board of supervisors, and supervisors; one company's financial supervision system; strengthen publicity registration, and if necessary the written records system; one company accountability mechanisms to improve content. Paper's main contribution lies in: 1, elaborated the corporate governance structure of basic issues, comparative analysis of one corporate governance structure and the traditional company governance theory of difference, a clear one-man company governance structure of particularity; 2, analyzed, given one The legal position of corporate governance, help clarify the controversy of academia in the understanding of the corporate governance structure of the legal nature of the one; analyzed the legislative status quo of China's one company at this stage, also refer to foreign legislative achievements and academic research, clear our shortcomings, and improve our corporate governance structure.

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