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The Legal Analysis Of One-man Company Law

Posted on:2008-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:J F HuFull Text:PDF
GTID:2166360215496153Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
One-man company refers to the company whose share or investment capital belongs to a single shareholder and the shareholder undertakes limited liability within his investment capital. China has recognized one-man company in its Company Law since 1st, January 2006. It is a grate progress for China to do so. However, there are still some legal clauses need to be improved in the law.This article analyses the disadvantages of the one-man company law, compares other countries' one-man company law with China, than gives some advices according to China's practical situation, in order to perfect the one-man company law.In Charter 1, the author introduces the history and classification of the one-man company, and analyses the domestic legal disputes, gives the opinion that we should make good use of one-man company since it has a lot of advantages.In Charter 2, the author analyses the disadvantage of the one-man company law, points out that the law can not arouse the investment nor can protect the creditors, so it should be improved.In Charter 3, the author introduces and analyses other countries' one-man company law, to see whether we can use them for reference or not.In Charter 4, the author gives some advices to perfect the one-man company law, such as adding the consulting right of the third people, limiting the right of the constitution, actualizing the strict audit policy and nailing down the standard and so on.In a word, this article points out that the one-man company law should be perfected to meet the needs of the publics, so as to balance the profits of the investor and the creditors.
Keywords/Search Tags:one-man company, legal analyses, creditor protection, disregard the corporate personality rule
PDF Full Text Request
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