On Legal Protection Of The Creditors' Interests Of One-Man Company

One-man company has been gradually recognized by many countries'law. Efforts should be made to strengthen about legal protection for interests of the creditors of one-man company. Based on the analysis of the shortcomings of one-man company, leads to the need for legal protection of the creditors; The theoretical basis is the source of legal protection of the creditors; Through analysis of some general legal protection measures , points out their limitations; Next, focuses on special measures to protect interests of the creditors; Finally, introduces one-man limited liability company in China , and points out the deficiencies and puts up proposal.In addition to the preamble and the conclusion , this paper is divided into five parts :The first part introduces historical development\ Classification \ implications and characteristics of one-man company. By analysis of the serious threat to the creditors, raised the need for legal protection of interests of the creditors of one-man company;The second part is inspection to the theoretical basis : Shareholders Limited Liability Theory balances between interests of shareholders and creditors; The principle of separation help protect interests of the creditors. That is more urgent to protect interests of the creditors of one-man company; Companies should protect interests of the creditors, that is an intrinsic element of Corporate Social Responsibility Theory; Other Constituency Statutes Theory is that the creditors are the most important stakeholders.The third part is about civil law measures and normal company law measures on protection of creditors of one-man company, Because of the limitations, company law should strengthen special protection measures;Part IV focuses on some special measures to protect interests of the creditors of one-man company, including Disregard of Corporate Personality, obligations of directors to creditors, Equitable Subordination, Substantive Consolidation, A Unitary Enterprise , and creditors'rights to participate in management decisions. These measures are also related to company separate personality and shareholder limited liability. These special protection measures help to fully protect the creditors'interests of one-man company;Part V is analysis of new company law on one-man limited liability company, and points out inadequate on protection. Then according to the former exposition puts up some proposal of improving legal protection of interests of the creditors of one-man company.