The Legal Regulation On One-man Company

One-man company, a new pattern company,started as de facto company before recognized by law.To meet the minimum requirement of the number of the shareholders,some investors set up de facto one-man company by the means of nominal shareholders, such as spouse-owned company, brother-owned company ,father and son-owned company and so on. Hiding hehind the veil of the company ,the investor enjoyed the protection of the limited liability , and at the same time had the absolute control of one-man company. The most distinguish difference between one-man company and common corporation is that one-man company has only one shareholder. The existence of one-man company has great influence on traditional company' s group theory.Many countries established the one-man company's legal station to face up to more existence of one-man company,then one-man company has a quicker development.It took a long time before one-man company's legal station was recognized by our Corporation Law.The new Corporation Law ,revised in 2005,has a special regulation on the one-man company.To study and analyze the legal regulation on one-man company is still important. Aiming at the problem,this thesis researchs the legal regulation on one-man company ,in order to give some favorable assist in the one-man company legislation in China.This thesis consists of seven chapters; therein this text consists of five chapters,one introduction and one epilogue.In total 35 thousand words approximately.Firstly, this article starts with basic conception,characteristics, and its great influence on traditional company' s theory,in order to account for one company which is a new pattern company has brought a great influence on traditional company's theory.Secondly,this article analyzes one-man company existent rationality from economics and law,and find something in practice and theory to support the law-making on one-man company,then deeply analyzes the problems and risks caused by one-man company ,in order to point out what we should regulate.Thirdly,this part also gives an introduction to the law-making and legislative practice on one-man company law system all over the world,reviews the changing of our legislative attitude towards the one-man company and analyzes the reasons,compares the difference between our old Corporation Law and the new one ,in order to illustrate our recognition on the one company fits the requirement of the socialism market-oriented economy.Fourthly, this essay makes a probe into the legislation mode and the composing of the legal regulation ,deeply analyzes every part of the regulation and gives some suggestions accordingly.Finally the paper brings forward some compensatory suggestions on the legal regulation on the one-man company legislation.During the indite of this article, my tutor Prof. Chen kanghua has given me much help ,herein appreciates him.