Study On The Disregard Of Corporate Personality Of One-Man Company

With the development of social economy by leaps and bounds, as a new mode ofinvestment——one--person company arises at the historic moment.Because of itslower investment cost and higher efficiency of capital utilization,one--personcompany is popular with the general small and medium-sized investors.Manyinvestors prefer to establish one-holder company,and our new company law alsoestablishes the law status of one-holder company.Duing to the shareholders of theoneness and the lack of mutual supervision between members. It’s most likely toabuse the corporate entity.The system of disregard of the corporate entity plays animportant role in balancing the risk and interest.The article20of new company lawestablished the theory of disregarding corporate entity,and while made specialprovisions to the disregard of corporate personality in One-person Company in article64. That’s a great progress of Chinese company legislation,establishing the disregardof corporate personality from scratch. The existing regulation is abstract and fuzzyRelatively, and the operability is not strong, it’s difficult to guide the judicial practiceeffectively.So I tried to analysis the relevant theory to explore these issues.Based on theanalysis of one-person company and the disregard of the corporate entity,this paperalso points out the shortages in the current laws and regulations,and puts forwardsome improvement Suggestions from the Angle of the legislation and judicial practice.The first chapter of this paper gives the theoretical analysis of the system ofone-person company, introducing it’s concept, characteristics, the cause of theformation and the necessity of acknowledging one-person company,etc. and at thesame time discusses the inherent defects of one-person company. The second chaptergives the general theoretical analysis of the disregard of corporate personality system,introducing it’s concept, formation, development, and applicable situation, as well asgiving the comparative analysis of several foreign countries about the regulation ofthe theory of disregarding corporate entity, then discusses the value of establishingthe theory of disregarding corporate entity in china.The third chapter discusses theapplicable scope of the disregard of corporate personality system in one-personcompany, at the same time, focuses on thinking about the regulation of the disregardof corporate personality in One-person Company of china and pointing out theshortages of our country about the regulation. The fourth chapter puts forward someimprovement Suggestions to the disregard of corporate personality in One-personCompany of china from the point of view of legislation and judicial practice.