Research On The Disregard Of One-Man Company Personality

The new Company Law create one-man company institution, which regulate the one-man company also provide investors with a new corporate model. The managerial system of one-man institution is simple and flexible, and its shareholders have limited liability, the institution promotes economic development. According to foreign experiences, the one-man Company is far away from perfection. According to the disadvantage of the one-man company, the new Company Law set strict regulation.But, it is easy for one-man company's shareholders to abuse the corporate personality and limited liability, so another institution named disregard of corporate personality institution is very necessary.The Company Law create disregard of corporate personality institution through Company Law clause 20, and also created disregard of one-man company's corporate personality institution through Company Law clause 64.But, disregard of one-man company's corporate personality institution of our country is not convenient in practical application.This paper provide the scheme of revision of disregard of one-man company's corporate personality institution through studying one-man company institution, disregarding of corporate personality institution and other country's legislation situation.There are four parts in this paper.First, introducing the theory of one-man company and disregard of corporate personality institution, and the development of these theory inside and outside our country. Secondly, studying the value of disregarding of one-man company' s corporate personality, which, in one hand, it shows the value of law, in the other hand, it make one-man company institution and corporate personality institution perfect.Thirdly, the application of disregard of one-man company's corporate personality include the constitutive requirements, situation, and burden of proof.Last, the current legislation situation and suggestion of revision in disregard of one-man company's corporate personality institution. According to the legislation situation of disregard of one-man company's corporate personality, this paper provide some schemes of revision of disregard of one-man company's corporate personality institution, including lifting the corporate veil reversely, lifting the sister company's corporate veil, deep rock doctrine and abating creditor's burden of proof.