Research On The Topic Of Providing Guarantee For Shareholder By One-person Companies With Limited Liability

Though the company law introduced the legal systems of one-person company with limited liability and company guarantee in 2005, there is no provisions was provided. There are no any deserved research results, even absence. However, for the needs to resolve cases, the practicing pay much attention to this topic. Owning to the vacancy of the related provisions, so that the practicing are disagreed on these problems. Thus, this article will make a deep research on the topic of providing guarantee for shareholder by one-person companies with limited liability, based on the methods of comparative analysis, empirical analysis, systematic explanation and value analysis with multiple methods including the comparative research and empirical analysis, the historical analysis, the value analysis.This article consists of six parts excluding introduction.The first part is research on the introducing of questions, using the case of Bo Banggan suing the limited company of Ke Nima for a guarantee contract. News concerning on the topic of providing guarantee for shareholder by one-person companies with limited liability mainly start from the People's Court Daily in 1, 28, 2010, which carry a story of a judgment on Bo Banggan suing the limited company of ke Nima by intermediate people's court of Chang Zhou. A core of this case is centred on the topic of providing guarantee for shareholder by one-person companies with limited liability. However, the substances of this topic is the problems that the one-person company's creditor would be unwilled to the final and main undertakers of these risks aroused by the company providing guarantee for it's shareholder.The second part is entitled by the current situation of the related legislations. Firstly, this part analyse all current related legislations by the methods of comparative analysis and empirical analysis. This part researchs the resources of legislations for one-person companies with limited liability, and puts emphasis on discussing three kinds of standpoints: the statements of permits, the statements of prohibition, the loophole of legislation. Then, this article put forwards and analyse the view of no otherwise provided.The third part is the introducing of legislation and the selecting of models. At present, it is feasible to formulate the questions of providing guarantee for shareholder by one-person companies with limited liability. However, we must pay close attention to other countries or districts'related legislation models before the introducing of legislation. The compares with the four kinds of models and the learning of the related experience will be help to the establish of the legal system of one-person companies with limited liability.The fourth part is concentrate on the theory foundations. By the fixed of legislation mode of restricted permits, the construction of the legal systems of providing guarantee for shareholder by one-person companies with limited liability must be based on the right theory foundation to seek its legitimacy. Thus, this article quests it from four aspects including the system causes, the consideration of values, the subject factors and the balance of interest.The fifth part is entitled by the breakthrough of development in the legal system of providing guarantee for shareholder by one-person companies with limited liability. On the basic theory of this legal system, this part will research on these aspects including the applicable scope, the decision configuration, the mandatory disclosure, the creditors of the direct protection, so that we can establish the main legal system of providing guarantee for shareholder by one-person companies with limited liability.The last part is the summary of this article. Under the basis of the former five research results, this article propose the'step-by-step walking'strategy for the system construction of providing guarantee for shareholder by one-person companies with limited liability, and the specific legislation for the first step.