Studies On Legal Issue Relating To Corporation As General Partner

This dissertation mainly studies the legal issue relating to GP of corporations, and then discusses its justification; advantage and disadvantage. In analyzes this legal phenomenon, the author puts forward some suggestions to balance interest groups.In part one, the author indicates comparing analysis relating to corporation as GP, then analyzes laws of our country and explains many problems and predicaments.In part two, the justification of corporations and other five groups as GP is discussed by economic analysis and empirical analysis. Form this article, we can comprehend that allowing corporations to become GP is the demand of the principle of Autonomy of Will in civil and commercial law and the variety of operation pattern of commercial. Also it is the game of security and efficiency. As the GP of partnerships, corporations can enhance partnerships' power. In contrast, this phenomenon will bring great risk and do damage to the benefit of others. In part three, the suggestions to improve the situation of corporation as GP are argued and the Interest Equality Theory is referenced to analyze interest between corporations and partnerships, interest of every group in a partnership and in a corporation respectively. The article raises LLP or LLLP System and Register Institution and perfects LP Derivative Action and the process of deciding to invest into partnerships. After that, corporations shall stick to openness of investments and interest of its partnership first as the only GP. D&O liabilities to creditors are necessary at the same time.