Study On The Protection Of The Creditor Of One-Man Company

Since the One-Man Company's legal status has been confirmed by legislation in many countries in the world, the problems of the protection to the creditor in the circumstance of One-Man Company are getting more and more striking and obvious. The One-Man Company has an easy tendency to abuse the independent personality of the company and the limited liability principles for lack of the traditional internal check and balance system in the company of limited liability and the joint-stock company of limited liability. Therefore, the methods of protecting the creditor of One-Man Company are exceptive and particular. The Company Law of People's Republic of China, issued and enacted in Jan 1st, 2006, confirmed the legal status of the One-Man company of limited liability, and provided relative systematic and comprehensive protective measures to the creditor of One-Man Company. However, the huge amount of the qualified registered capital in the system of registered capital and the stringency of the accounting and auditing system hamper the establishment of One-Man Company and reduce its system value despite its advantage on protecting the creditor of the company. Thus, the legislation of the One-Man Company should be improved in order to not merely provide an overall protection to the creditor of the company but also manifest the system value of One-Man Company.This thesis has three chapters:The first chapter mainly discusses the factors influencing the protection to the creditor of One-Man Company. It begins with the implication of One-Man Company, illustrating the formal characteristics of One-Man Company, and further penetrates into the two factors which influence the protection to the...