Study Of One-man Company Shareholder Responsibility

One-man company has one shareholder, all of the shares owned by one shareholder. It was not a statutory company but a de facto form initially. Like ordinary company, one-man company has legal-person nature, is a subject with independent personality, limited liability of the company's shareholders become one of the basic principles of the system. One of the greatest vitality of one-man company lies in limited liability. Because of the principle of limited liability, shareholders reduced to the smallest degree of investment risk, thereby greatly stimulated the enthusiasm of investors for investment. But one of the biggest drawbacks lies in limited liability, too. The shareholders of one-man company may rely on its own superior position, undermine the principle of separation and abuse the privileges of limited liability to the detriment of public interests and social interests of the creditors of the company. One-man company's ill is obvious, but the law does not recognize the legitimate status of one-man company does not stop its existence. Thus, the market economy countries have established one-man company system, and the amendment of legislation principles adopted many important measures to avoid shareholders of one-man company abuse legal personality, to ensure social interests of the creditors of the company and public interests, to guide one-man company's benign development. This essay is divided into four parts, consists of about 32,000 words.Part I :Introduced the origin of this essay. First, outlined the concepts, the features and development of one-man company; Second, assessed several major theories of national legal scholars to explore the nature of one-man company, one-man company is reasonable not only in theory but in practice; Meanwhile, analyzed the advantages and disadvantages of one-man company system, in order to play its positive role in the socio-economic life and avoid possible negative impact on social and economic order; Finally introduced legislation of many countries, aimed at learning from other countries to further improve our one-man company legislation.Part II: Through the introduction of the principle of limited liability and...