On Corporate Personality And Personality Denied

The system of the independence of corporate personality and the principle ofshareholder's limited liability are the core of the corporate personality system. As animportant legal system, corporate personality system has been widely recognized bylaws of many countries. But sometimes the shareholders abuse the corporatepersonality and this act results in the infringement of the creditor's rights and publicinterest. Under these circumstances, the system of disregard of corporate personalityshould be applied. One-member company is a type of corporation. The Company Lawof People's Republic of China has been newly revised and took effect in 2006. Thecorporate personality of one-member company is explicitly recognized and the systemof disregard of corporate personality is stipulated in this newly-revised Company Law.These stipulations perfect the corporate personality system and the system ofdisregard of corporate personality of China. While focusing on the particularity ofone-member company, this thesis is about the corporate personality system and thesystem of disregard of corporate personality. Taking the relevant legislation intoconsideration, the first three parts of this thesis analyze the corporate personality ofone-member company on the basis of the general theory of the corporate personalitysystem. The last two parts of the thesis are devoted to the research on the system ofdisregard of corporate personality. Analysis is made about the newly-revisedCompany Law and suggestions are offered in this thesis.