On The Corporate Personality Of One To Deny The System

The new "Company Law" amendment to a groundbreaking limited liability company has been stipulated, this is undoubtedly fill our company to a major legislative gap, but the company itself as one of a number of decisions a company more likely to be one person manipulating and controlling shareholders, thereby more easily related to damage the interests of creditors. If the principle of the independence of corporate personality absolute, it will be corporate personality abuse and endangering the interests of creditors. In order to uphold the principle of the independence of corporate personality at the same time, and can effectively protect the interests of creditors, the Western countries created the disregard of corporate personality system. Disregard of corporate personality refers to a company that is the controlling shareholder abuse of corporate personality and limited liability shareholders, the company will ignore its own independent legal personality, and as a company and its shareholders as one behind the external are jointly and severally liable to a legal measure. Disregard of corporate personality system to overcome the limited liability and personal independence of the weaknesses inherent in the system, contribute to the achievement of a fair and just legal value. But at the same time we should also be clear that China's one-person company personality that the primary system is still in the stage of legislation, many places are only in principle, in the specific application of inevitable shortcomings and defects, I attempted to try and explore on the personality of a company or some system of my own view. This paper is divided into five parts, are described below:The first part of a one-man company to conduct an overview. On the first a one-man company's concepts and features, followed by a one-man company on the classification of a company and the existence of forms, the last a one-man company and the individual-owned enterprises, state-owned sole proprietorship were compared.The second part of the corporate veil system made a rough introduction. First explain the concept and legal personality characteristics of corporate, followed by the introduction of a corporate personality deny the historical development of the system, the final details of disregard of corporate personality that the legal system characteristics.Section third outlines a company applies piercing the corporate veil the need for the system. One is a company in order to rectify the defects need, and the other is to protect the interests of the company creditors.IV on the part of a company applies piercing the corporate veil system conditions and circumstances. Piercing the corporate veil is not a universally applicable system of the principle of limited liability companies it is an exception to the system only applies to the specific circumstances of individual cases and must be in strict accordance with the appropriate conditions apply.Part V is a corporate personality that system in China's company law considerations. First part is the corporate veil system in China's company law considerations, Briefly pointed out that China's company law as set out in the corporate veil system deficiencies. Last part, China's company law as set out in a corporate personality that system, the student some of my own insight and idea.