Font Size: a A A

The Perfection On Legal System About Liquidation Of One-Man Company

Posted on:2009-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:X F WangFull Text:PDF
GTID:2166360242486503Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The one-man company should have some perfect mechanisms,including being into the market,circulating in the market,withdrawing the market and being inspected.However,the current company law didn't rule settlement system of one-man company specially,the rule of dissolution and liquidation as stipulated by the articles of the chapter 10 in company law can't be applicable to one-man company completely.Because the one-man company can't withdraw the market successfully,it influences the aggressive of the investor about one-man company and the implement of law,possible emergence so-called "law vacuum".In order to push setting up of modern company system and make market economy be ruled by the law,corporation law should perfect the settlement law system of one-man company.A valid mechanism about one-man company withdrawing the market helps to transfer and dissolve an investment risk,stir up the investing aggressive of the investor in capital market.It is necessary to stipulate diversified settlement law system in order to adapt of diverse liquidation of one-man company.Integrity of settlement law system of the one-man company includes common settlement and simple liquidation system,its core is the mechanism of control-procedure about common and simple liquidation.An obligation person to liquidate is entirely different liquidator,who is the logic premise to progress the settlement procedure smoothly.The obligation person to liquidate should announce to start the settlement procedure,keep on business and judicatory record.What's more, the obligation person to liquidate should call the first time creditor meeting,negotiate with the creditor meeting and assurance liquidator later on.In order to promise the continuous of company behavior and the behavioral maximize of the company,the obligation person to liquidate should be the member of the liquidation surely.The company law should distinguish the complicated degree that the one-man company liquidates case,the quantity and the party willing to apply respectively common and simple liquidation law system,so the performance of liquidation should be improved.In summer,the perfect of liquidation law system about one-man company including of common and simple liquidation will guarantee one-man company to withdraw the market successfully.At last,one-man company will become the first organized form which investors choose competitively.
Keywords/Search Tags:the benefit of liquidation, liquidation obligor, the facility procedure of liquidation, the duties of liquidators in civil
PDF Full Text Request
Related items