Affiliates Denied Legal Personality Personality Confused Research

Associated with the development of the modern corporate system is a new phenomenon appeared.In China, with large numbers of multinational companies, resulting in the related party transactions, tax evasion, transfer of property and a series of legal problems caused by the legislative, judicial and academic attention.However, the existing legislative and executive power with a certain document was used to standardize tax administration and management of listed companies in the industry, the spirit is derived from the specific company law principles, it is mainly to safeguard the interests of the company itself and the interests of other shareholders, whileauthority as a company outside the protection of the interests of creditors, it is basically a blank.Confusion is the personality of related companies in the company practice, the company (typically a parent, holding company) or between the de facto economic relationship, controlling shareholders use their control of the company, ignoring the company's independent personalityof company personnel, finance, not to distinguish between, and among the companies free to call, transfer, disposal of property and change the established relationship between credit and debt, to the detriment of the interests of creditors of the company.This article is divided into three parts, Part I: Introduction Law Practice really happening in the case of affiliated companies confused personality, the court denied legal personality for the protection of the interests of creditors of the company.In this section details the use of affiliate relationship management process typical of damage to the interests of creditors and the specific facts of the case.The second part discusses the definition of related companies; related companies around the world related party transactions of the Company Law Legislation of the situation made by comparing the study of personality associated with companies with mixed simultaneously, through the application of legal system to protect the personal creditors of the company denied that the interests of positive.This chapter seeks to stick to one pattern in research methods, theoretical analysis and case studies using the combination of empirical analysis and normative analysis are combined, the domestic system and the foreign system of independent study comparing the combination with other research methods, and strive for our corporate personalityPerfection denied propose targeted recommendations.The third part, with legal personality theory and related companies denied the characteristics of related party transactions, in the case of Wen-depth analysis, demonstration of the theory of personality in the mix for both affiliated companies of significant value.The paper analyzes the design of the system of company law in the legal shortcomings, such as company law in not made of transactions between related regulations, but also not be confused with the associated companies use personality against the interests of creditors, the provisions of this powerful remedy the situation.At the same time in the judicial practice, the courts deny the legal personality in the application system to protect the interests of creditors in the proceedings, understanding of company law Diershitiao eyes of the beholder there is also the understanding of deviation, so the application of this system has been brought to the many difficulties.In view of this, the paper of foreign companies by comparing the legislative and judicial experience, made a favorable recommendation on improving their corporate system in China, establish a standard balanced trading mechanisms related companies, to maintain the interests of creditors to do a little modest.