Creditor's Interest Protection In One-man Company

The development of economy urges formal establishment of one-man company, sothat the small-middle size investors can enjoy privilege of limited liability. But one-mancompany will chanllege the traditional creditor's interest protection system, while offersmall-middle size enterprises new organizing form.This thesis focuses on creditor's interest protection presuming the establishment ofone-man company. The first part of thesis presents the purpose,motivation and methords ofresearch. After scanning that the readers can get general idea of the thesis. Brief introductionof one-man company and standpoints of agreement or disagreement of one-man companyhave been reviewed in following part of thesis. The third and fourth part are pivots of thisthesis. The former explains why the credictor's interest of one-man company should bespecially protected from three aspects. Firstly the unique shareholder lessens the propertywhich will be guarantee of debt if the company fails to set up. Secondly the ambiguity ofseparation rule brings challenge to credictor's interest protection. At last the simplificationof management institution cause failure of supervision and weaken the protection ofcreditor's interest. On the basis of analysis of problems caused by one-man company increditor's interest protection. The latter part brings forth seveal measures to strengthen theprotection of creditor's interest. In the stage of instauration, the following measures can betaken, definitely stipulate the qualification of investor of one-man company, introduceminimun register capital and maintain capital, fulfil disclosure rule when registers in bureau.In the stage of running company, outside supervision institution, keeping record ofopreation and stipulation of self-dealing will be great helpful to protect the interest ofcreditor. Meanwhile in some circumstance, the limited liability of shareholder could beignored and piercing the veil of company, which will cause the shareholder take unlimitedliability of the debt. The measures mentioned above can provide the creditor with fullprotection and assure security the order of economy.