Legal Protection Of The Interests Of The Creditors Of The One-man Company

One-man Company refers to the company whose share or investment capitalbelongs to a single stockholder. One-man company emerged and developednecessarily, for it is helpful to encourage investment, develop economy and facilitateemployment. Compared with ordinary types of company, One-Man Company's legalcharacters lie in the singularity of stockholder and the particularity of its corporategovernance structure. Thus it increases the possibility for the single shareholder toabuse the rights and damage the interest of the company's creditors.In order to protect the company's creditors and lower the risk of dealings, it isquite necessary to regulate One-man Company strictly and set up integrated creditorsprotection rules. Now, most of the countries who admit legal status of One-manCompany mainly regulate it by rules applied to the ordinary types of company, insteadof constituting special laws for One-man Company, so does China. However, thecommon protection measures cannot completely solve the protection problems ofOne-man Company's creditors. Therefore, the protection system of One-manCompany's creditors consists of both the ordinary company's creditors protectionrules and the special regulations of One-man Company.In the thesis, the author introduces the frame of One-man Company's creditorsprotection system by analyzing some countries' legislations, then puts forward a fewpieces of advice, such as burdening the single shareholder with special liability;adjusting the corporate governance structure;admitting the validity of the DerivedType of One-man Company;establishing applying measures of "Piecing theCorporate Veil" rule. The author hopes that these suggestions will be useful toestablish and improve the legal protection measures for One-man Company'screditors in our country.