One-man Company Protection From Its Creditors

The One-Man Company belongs to a kind of new economic organization bodyin the world economic systems, is followed by more and more small investors inevery country, and the trend of its existence and development can't suppress atpresent. The reason is that it is carried out the absolute control power of singleshareholder, and the single shareholder can enjoy the special protection of limitedliability system to carrying out its biggest profit. In the meantime, that the virtualOne-Man Company exists and overflows in the real world is also becoming one ofthe reasons which helps to realize an One-Man Company to get widespreadacknowledgement. That our country formally actualized "company law of thePeople's Republic of China" on January 1, 2006 is also accepted the One-ManCompany system formally. After all, the One-Man Company is different from thegeneral limited liability company. The biggest defects is that One-Man Companyhas only one shareholder, has the limitation in the legal person managinginstituting and lack of a valid supervised mechanism. The defects tend to cause thesingle shareholder to infract the benefits of the creditors easily. Therefore, how toprotect the benefit of the creditors under the premise that admit one man companybecomes the focus that the scholars concem. This text commences with thisnamely, having a foothold in traditional company law system, and analyzing thedefects of One-Man Company in protecting the creditors, and drawing lessonsfrom the other advanced countries to put forward some suggestion of theprotecting creditors of One-Man Company in our country. Expecting thesuggestion can contribute to a creditor protection system of perfect of One-ManCompany in our country.This text is totally about 40,000 words, dividing into four parts.The first part is introduction. It is mainly discussed the formation backgroundof One-Man Company and the value analysis of creditor protective of One-ManCompany. Elaborated the inevitability and necessity of one man company ofwestern country and our country come into, and analyse the benefit value, fairworth and safe value of the creditor protection of One-Man Company. The second part is based on the foundation of contacts and differentiations ofcreditor protection of One-Man Company compared with the creditor protectionof the generally limited liability company, analyzed the defects of the creditorprotection of One-Man company deeply. Compared with the general limitedliability company, the One-Man Company is tended to make the creditor benefitsbeing subjected to loss, because of the restriction of the traditional company lawprinciple in the creditor protection, and the defect of the company independencepersonality and the limited liability, plus the limitation in the legal personmanaging instituting, and lack of supervision system, etc.The third part emphasizes to discuss and compare disregard of corporatepersonality theory of the mainly countries in drawing lessons from foundation ofadvanced experience of main nation in the world in the creditor protection ofOne-Man Company.The fourth part is the design of perfect the creditor protection system ofOne-Man Company in our country. Aim at putting forward my own opinions forperfect the creditor protection of One-Man Company in our country, after analysisthe actuality of the creditor protection of One-Man Company in our country, andthe defects of the creditor protection of One-Man Company. These opinionsmainly include perfect the legal person managing instituting of One-ManCompany, strict the finance accounting system of One-Man Company, build upcreditor direct system and enhance the system of register and openness, perfect thesystem of disregard of corporate personality, enhance the rules and regulations forWading in the joint company and establish the specialized secretary of the company, etc.