A Comparative Study Of The System Of Protection Of Interests Of The Creditors Of The Sino-japanese One Man Company

One-man company is the company’s shares or invested all belong to a singleshareholder of the company. From1987Saloman V. Saloman&Co.Ltd to establishthe beginning of the separate legal personality of the one-man company, the large partof the country willing to have been given the legal status of a company, includingChina and Japan. The company law in China in2006to modify the legislation, toidentify a limited liability company; by removing promoters (shareholders) of theminimum number of indirect recognition of the establishment of a company. Lost duerole in the one-man company in their natural lack of associations of the characteristicsof the traditional corporate governance structure, easily lead to its sole shareholder ofthe abuse of their rights under the cover of limited liability and independentpersonality, which greatly increased the creditor risk of loss. This paper focuses onOne-man creditors of the company laws to protect the core issue from day One-manof the two countries set up, operation, dissolution and liquidation, respectively, werecompared. By analyzing the difference between the two countries to explore a moreperfect system of China’s one-man company, creditor protection system is moreconducive to China’s one-man company.The body consists of three chapters discusses: Introduction consists of three parts: First, the significance of research questions;literature review of the Sino-Japanese one-man company and creditor protectionsystem; research methods.Introduction to part of the introduction and analysis, Ibelieve that in One-man company protection from its creditors, this problem is aproblem worthy of study, the theoretical value and practical significance.Theliterature review reflects the current domestic and foreign scholars on the one-mancompany focused on the particularity of One-man company with limited liability,in-depth study on the issue of creditor protection on the Sino-Japanese companyprotection from its creditors is rarely involved.The first chapter described the comparison of the system of creditor protection inOne-man companies to set up the stage.First of all, from shareholders on theprotection of creditors of the company of One-man of the two countries are compared,and put forward the main recommendations of the relaxation of China’s one-mancompany natural investment.Second, from the articles of association, protection ofcreditors of the company of One-man of the two countries are compared, and toestablish one of our articles of association notarized and the open system.Again, fromthe minimum capital regime on the protection of creditors of the company ofOne-man of the two countries are compared, and proposed appropriate to reduce theminimum capital of China’s one-man company.Finally, in terms of a registrationsystem for the protection of creditors of the company of One-man of the two countriesare compared, and the Construction of China’s one-man company registration in thefalse validity of registration system.The second chapter of the protection system in the operational phase of thecreditors of One-man company.First of all, in terms of governance structure on theprotection of creditors of the company of One-man of the two countries are compared,and proposed specific recommendations to improve one of our corporate governancestructure.Secondly, the protection of creditors of the company of One-man of the twocountries in terms of financial control systems are compared, and proposed theestablishment of more stringent auditing and financial accounting system.Finally,from the corporate personality to deny the regime on the protection of creditors of the company of One-man of the two countries were compared, and the gradualestablishment of the jurisprudence of the guidelines system.The third chapter of Sino-Japanese company dissolution and liquidation phase ofthe creditor protection system.First of all, from the dissolution of the company system,the protection of creditors of the company of One-man of the two countries arecompared, and the expansion of the main body of the request of the initiative in one ofour company is dissolved.Secondly, from the liquidation of the company system, theprotection of creditors of the company of One-man of the two countries are compared,and to establish the one-man company professional liquidator system.The last part of this article is conclusions, winchi aforementioned issues in asummary description, and also described their own opinions and reasons.