Study On The Protection Of Creditor Of One-Man Company

One-man Company has brought unprecedented prosperity to the socio-economic, Active throughout the market economy. But see that its sunny side, we inevitably find its shadow. Brought a lot of convenience and power of One-man Company’s unique governance structure and shareholders of limited liability to the operators, The same time, and contrary to the traditional theory of the firm, The original authority and the balance of interests have been damaged. System of the traditional theory used to constrain the shareholders no longer apply to one company, Between the interests of shareholders, and creditors balance is broken. One because there is only one shareholder so easily be able to use their power to satisfy their own desires, Especially in case of lack of supervision, shareholders can completely cynical. Corporate personality and limited liability happens to be his shield, Circumvent the obligation to transfer funds to become the norm. China set up a mechanism for one-man company is still far from enough, Prevention of these risks may be difficult to achieve, In this process, the creditors has been in quite unfavorable position, Not interfere with the rights of the company’s operating and information asymmetry, Shareholders is very easy to be able to operate to produce adverse consequences to the creditor to bear.This article from the overview of one company and the challenges of its creditors, foreign legislation on the protection of creditors, China lack of legislative protection from its creditors as well as China’s one-man company improve four aspects are described. China haven’t one company separate legislation, just use General judicial norms for one-man company. Therefore, the protection of creditors in the protection of the general creditors of the company must consider the characteristics of one-man company, and then develop the relevant laws and regulations must be perfected.