Study On Legal Protection Of The Creditors’Interests Of One-Man Company

The Company Law of PRC had been adjusted greatly in2006.The Company Law of PRC has adopted one-man Company into the current system, thus affirmed its legal status in China. The Company Law of PRC has provided the related information of one-man company, including the minimum capital limit, financial and accounting audit, personalities denied of the relevant system. From the company’s relevant regulations, we know that one company and ordinary company have many differences, such as, shareholders in a company, there is only one shareholder, the shareholders’ power, in one company, the power of shareholders is larger, the company organization structure, one company’s organizational structure is different with the ordinary company. However, due to the natural defects and the lack of checks and balances mechanism of one-man company, there are many problems existing in one-man company, including the companies’organizational structure is not perfect, financial supervisions’ power is low, information disclosure system is not perfect, so that the benefit of the creditors are highly susceptible to one-man company once the company’s interests and individual interests conflict, shareholders will choose the former, which brings potential damage to the one-man company creditor. Moreover, from the whole company law perspective, especially from one-man company perspective to see the relevant provisions, the company’s creditors benefit protection rules are very short and not perfect, resulting in a large number of violations of the company creditors benefit of phenomenon in the practice. Based on this, this article is mainly from the protection of one-man company creditor benefit.This paper firstly from one-man company’s overview and protect the interests of creditors, this paper introduces the connotation and features of one-man company, it points out that the law of one-man company on the protection interests of the shareholders of the company at the same time, the company creditors’ interests in the company, the shareholders of a single organization structure is not perfect, the financial audit system is not perfect, the system of disregard too general are easily defects are infringed, so the related one-man company creditor benefit protection system is especially important. Therefore, this article points about the foreign company creditors benefit protection, at the same time, the relevant provisions of the foreign advanced experience and practice, separately from the one-man company’s financial auditing system, one of corporate governance structure, We put forward improvement suggestions of one-man company creditor benefit protection aspects, in order to make one-man company’s creditors’ damage to a minimum.