The Interests Of The Company Law. On A Creditor Protection

One-Man Company refers to the kind of company whose shares or all the capitals belong to one shareholder. In 1897, the Salomon v Salomon Co. Ltd. case established the legal status of One-Man Company in the United Kingdom. From then on, the legal status of One-man Company has been established either by precedents or by legislation in many other countries in the world. In 2005, One-Man Company was also acknowledged in the newly-revised company law in China. In a One-Man company, it can avoid the disputes among the shareholders like in other companies and it brings convenience in running the company as well. But on the other hand, there lacks control among shareholders due to the uniqueness of shareholder, which increases the possibility for the shareholder to abuse the liability and the interests of the creditors, as a result, are harmed and the risks confronted the creditors increase. Based on the above analysis, the legislators have to consider, from the perspective of fairness, the issue of how to fully protect creditors'interests and accept One-Man Company at the same time.Based on the theories of civil law and commercial law,using the comparative methods, this thesis has systematically and comprehensively researched into the protection of the creditors of One-Man Company, aiming to provide legislative advice on the perfection of Chinese One-Man company law.This thesis consists of four chapters, 30 thousand words approximately.In Chapter 1, this thesis has firstly introduced the definition and classifications of One-Man Company and its characteristics compared with Sole-Proprietorship companies. Then it has explored the history of One-Man Company, the reasons for its emergence. Besides, the legislation of One-Man Company in other countries has also been explored. This chapter is the guide for the whole thesis. The exploration of the basic issues of One-Man Company, especially of the characteristics has laid the theoretical foundation for analyzing the risks of creditors'interests.Based on Chapter 1, it has, in Chapter 2, analyzed the risks of creditors'interests of One-Man Company. One-Man Company is just one category of company, which...