The Theory Of Disregard Of Corporate Personality Under The View Of One-Member Company

One-Member Company is one kind of special company form which develops in the 20th century. It refers the company whose stock or invests completely belonged to the sole shareholder. At first, it started as de facto company instead of de jury one. Because it determines the risks pattern of running the company and provides a more flexible way in running the business and avoiding the dispute between the inner shareholders of company. The case of Salomon v. Salomon Co. Ltd. in 1897 confirms the legal status of One-Member Company in the United Kingdom. Since then, One-Member Company's legal station has been established either by precedent or by legislation in many counties and areas. Our country's new Company law increases the special regulation about the One-Member Company too. Along with the establishment and the development of Company in legislation, One-Member Company initiates many new questions in the company law theory and the practice, especially the question of the legal protection for One-Member Company's creditor in running the company. From the definition of One-Member Company, The author discusses the necessity of the application of the theory of disregard of corporate personality in the One-Member Company in our country. By analyzing the character of application of the theory of disregard of corporate personality, this article analyzes the questions by unifying the theory of disregard of corporate personality in the general rule of the new company law and the application of the theory of disregard of corporate personality in the One-Member Company. The author of this paper wants to establish a wall to prevent the abusing of the company independent personality and limited liability by the sole shareholder to realize the effective rectifying and supplement to the absolution of the theory of limited liability by the theory of disregard of corporate personality. By strengthening the analysis of the application of theory of disregard of corporate personality in One-Member Company, the article wants to realizes the mutually existence of the theory of disregard of corporate personality and the theory of limited liability to composes the frame of the responsibility...