On The Legal Protection Of Creditors Of The Company In One

Joined one-member company in Our country's new "Company Law", must say that, makes the like this revise on conforms to now the various countries company law legislation tidal, encouraged the investment, the significance to be extremely. However, one-member company system biggest flaw is protects insufficiently to the creditor, east an annual bonus very easily harms the creditor's rights using the company limited responsibility. Thus, the new company law used seven articles to make the special regulation to one-member company, separately to one-member company's definition, the lowest registration capital, The quantity limit natural person set up one-member company, registers male shows and stipulated, aspect and so on, shareholder resolution's form and procedure, auditing system, company law personality denial has made the arrangement. But this article believed, these article stipulations certainly not well, for instance: A person of limited liability company and between ordinary limited liability company system compatible question; one-member company when with transaction side for contract whether also has to mark one-member company status; what is the Regulation concrete formulation procedure; what is the financial inventory accounting reported content; The law personality denial stipulation too principle, the border value is not actually big and so on. This article take one-member company creditor legal protection as a center, above the question to launch these abortions. Provides the reference by the time to one-member company system effective implementation and the consummation.This article divides into four chapters , approximately 30, 000 words: the first chapter, about the one-member company and the one-member company creditor, one -member company is refers to the company which (natural person either legal person) legally sets up by an investor (limited liability company or limited liability company) either company's complete stocker the investment ownership to the sole shareholder, and legally can independently enjoy the civil right, fulfill the civil obligation to have the legal personality the trading main body, one-member company creditor classifies and so on, one-member company creditor is refers to one-member company because the contract, the right infringement or violates other legal duties, thus requested one-member company for the natural person, the legal personal other organization which certainly pays. This chapter mainly introduces the origin about one-member company, the definition, the classification and the risk which defines to one-member company creditor classifies and so on. The second chapter talk about one-member company creditor protects the system flaw, had emphatically pointed out our country protects the aspect in one-member company creditor the insufficiency. The third chapter this chapter separately in anticipation prevented, in the matter from one-member company creditor protection supervises, put forward some proposals. The fourth chapter, consummates one-member company creditor to protect the system the legislation to suggest.One-member company system enormous stimulation investment enthusiasm. But this kind of function display also depends on company's method further consummation. Therefore, I believe that this research has the significant theory and the practice significance.