Lifting The Veil Of The One-man Company

At first, one-man company started as de fact company instead of de jury one. The case of Salomon v. Salomon Co. Ltd. in 1897 confirms the legal status of one-man company in the United Kingdom. Since then, one-man company 's legal station has been established either by precedent or by legislation in many counties and areas. The new Corporate Law of our country has been enorced, not only establishes the legal staus of the one-man company,but also increases the special regulation about the one-man company. This is a embodiment of consistenting with the international legislation trend. Along with the establishment and the development of the one-man company in legislation, it initiates many new questions in the company law theory and the practice, especially the question of damaging the legitimate rights and interests of the one-man company's creditor when the one-man shareholder abuses of corporate personality and limited liability principle.The author starts with the overview of one-man company, and then brief introducts the related theory of the disregard of corporate personality. Finally, by special analyzing the necessity, the situation, the entities of elements, procedural elements and the legal effects of the disregard of corporate personality theory in our country's one-man company, The author trying to explore how to apply the disregard of corporate personality theory in order to better protects the creditors and the public's benefits when one-man shareholder use this layer "veil" to pursue personal interests and harm legitimate interests of creditors.