Legal Protection Of A Company's Creditors

On 27 Oct. 2005, the amendment of Company Law was launched, in which a long expected regulation was introduced– regulation of one-man company. In the new Company Law, seven clauses are used to regulate one-man company from the following aspects: registered capital, main body of establishment, publicity regulation, accounting regulation, shareholders meeting and disregard of the corporate personality. As a new introduced law, the amendment is still considered to be inadequate in terms of the legal regulation system of one-man company and the protection of creditors of one-man company. The protection of creditors of one-man company should present the following main goals under the pre-condition of sole shareholder: how to regulate the personal activity of sole shareholder; effective restriction of the power of sole shareholder; effective separation between the personal will and property and company will and property of the sole shareholder; how to establish the true independence of the corporate personality in order to establish the foundation of reasonable presence of sole shareholder's limited liability; to insure the sole shareholder to enjoy the preferential policies of limited liability within the scope of the law allowance; to stop the specific risk to creditors caused by abusing the limited liability by sole shareholder. If measures could be taken to achieve the above goals and combine these new measures into the legal regulation system of creditors, a relatively adequate protection system of creditors of one-man company would be established. Furthermore it will reduce the malpractice of the presence of one-man company in term of regulation and promote the growth of economy. This dissertation will present a series of feasible legal regulation of the protection of one-man company creditors, which combine the legislation experience in various countries and the legislation status of China, in order to achieve the goal of legal justice and fair.The dissertation consists forewords, five main sections and the conclusion:The fist main section exams the theoretical foundation of the creditor protection system. Considering the limited liability of shareholder is the basis of company regulation, the discussion of creditor protection of one-man company should be carry on under the background of the limited liability regulation. In this section, the benefits and...