The Protection Of Debtee Benefit In One-man Company

One-man company is a limited company or joint-stock company limited whose shareholder is only one person, natural person or legal person. The only one shareholder have all the stock. The new company law of China has added the content of one-person company. But the law is not fit enough for operation. It leads to potential risk and damage in setting up and operating one-man company.The one person often leads to the unbalance of interest, especially the interests balance of the share holder, the company and the debtee. In one-person company, the company purpose is difficult to be independence from the shareholder's purpose. The shareholder often interferes the company operation. The shareholder's right can not be restricted well by the simple company organization. In that ,there will be confusion between shareholder and company in property and operation. The company will change to be a tool by the shareholder in chasing interest. So we should perfect the protect of interest system for debtee. This is not only for perfecting the system of one-person company, but also for protecting the benefit of the debtee. To solve the problems, the author analyse the impact of the debtee in the one-person company and bring out some system design in protecting the benefit of the debtee.The paper have five parts.Part one: It introduce the origin and the development of one-man company. The purpose of the paper is to perfect the company system, to accelerate the development of one-man company.Part two: It dissertates the basic problem of one-man company. It ascertain the concept and the development of the company and summarize the three character of the one-man company. one is that it has only one shareholder, two is that the shareholder has the limited duty for the debt; three is that the structure is simple. It introduces and evaluate some regulation of England -America law system and continental law system. It also introduces the new company law of our country.Part three: the three characters of the one-man company have the potential threatening to the benefit of debtee. It introduces that we can balance the shareholder and the debtee in interest by constructing systems.Part four: It introduces some good means from German, Sweden, Austria and Japan. The personally surrogate , the both sides surrogate and the supervise are protecting the benefits of the debtee well. It can bring us good reference for protecting.Part five: It brings us some good suggestion in protecting the benefit of debtee in one-man company. It suggest that we should have the lowest capital system. We should throw daylight on some information on register, affiliated trade and so on.. we should set up open revelation system for the shareholder 's property. We should exert the system of disregard of corporate personality and related responsibility system to remedy the action that the shareholder injure the benefit of the debtee on purpose.It is a summing-up for the whole paper. It summarizes the great significance of the protecting of debtee in one-man company.