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On Establishment and Perfaction of China’s One-person Company System

Author: WenLi
Tutor: MangLaiFu
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: one person company system company invested by state exclusively regulation of law perfection of legislation
CLC: D922.291.91
Type: Master's thesis
Year: 2004
Downloads: 219
Quote: 1
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Abstract


One-Person Company, a breakthrough in the traditional form of companies, whether acknowledged legislatively by the world or not, has practically existed in China as well as other countries, after a long process of overall prohibition to conditional approval to the final permission for existence.The article is aimed at making an exposition on the necessity of One-Person Company’s emergence and development in respect of the theoretical and social basis from which it evolves, the world law-making instances and the needs of China’s quicker pace of reformation and development. The conclusion is that China should give full acknowledgement to the legal status of One-Person Company. And the article continues to explore law-making strategies and approaches to regulate One-Person Company by law. Through such measures as strict restriction on market entry, improvement of corporation’s interior relationship, the authorization of the creditor’s rights of piercing the veil of company, and completion of the setup, operation and close-down of companies, it strives to better the legal system concerning the company’s setup, operation and supervision, and take preventive measures beforehand and remedial measures afterwards on the side effect that may appear in the running of company, and make it an effective complement to improve the legislative format of the company law in China.Holding a positive view on One-Person Company, the article takes some tentative approaches to the unique problems involved in "Companyinvested by state exclusively"; a form of One-Person-Company in the transformation of state-run enterprises; so as to achieve a clearer and more complete structure of One-Person Company system of more practical use.

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