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On Regulation' Disregard Of Corporate Personality System About One-Member Company

Posted on:2009-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:H M XiangFull Text:PDF
GTID:2166360275470673Subject:Law
Abstract/Summary:PDF Full Text Request
In 2005 the newly revised "Company Law" has confirmed one-member company and disregard of the corporate personality system. These systems will be play an important role in China's market economy development: on the one hand, one-member company has its own advantages and will greatly promote economic growth; on the other hand, disregard of the corporate personality system will regulate company of running ,in particular on one-member company, and provides a new security system for the sound development of market economy, social fairness and justice. But these regulation are only rough, in principle, in particular regulation about one-member company. Because of this, disregard of corporate personality system is the lack of maneuverability, thus it plays its due role in a very difficult way. However, its regulation on one-member company is very important. Because its own characteristics make its sole shareholder abusing easily independent legal personality system and limited liability of shareholders system to the detriment of creditors or social public interests, the interests of the society to break Balance, the desecration of social justice. This article attempts to analyze independent legal personality system and system of limited liability of shareholders that are the theoretical basis for the disregard of the corporation personality system, focuses on relevant regulations about the disregard of corporate personality system on one-member company. By the above analysis, we attempt to find the "Company Law" disregard of corporate personality system in one company's lack of regulation and at the same time put forward the corresponding legislative proposals or judicial measures.
Keywords/Search Tags:Independent legal Personality, Limited liability, Disregard of corporate personality, Legal regulation
PDF Full Text Request
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