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The Study On The System Of Disregard Of Personality Of Confusion Of Personality In Affiliate Companies

Posted on:2014-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:T R YuFull Text:PDF
GTID:2256330425962955Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Modern Corporation system development in the emergence of a new phenomenon is the Affiliate company. With the advent of the twenty-first Century, the world economic structure has changed greatly, a lot of Multi-National Corporation into China’s financial market, therefore produce some transactions, for example tax evasion, a series of problems and the transfer of assets. In view of this, the judicial, legislative and public sector attaches great importance to China, but the existing laws and regulations and the legal executive file and its main role is often used to standardize the business tax and boss management company, and these provisions and documents is mainly used to protect enterprises’basic interests and the interests of shareholders, relatively speaking, the protection of the interesting creditors of the companyinternal decision-making layer outside, not enough, or even a blank. In the company’s practice, like holding company, parent company, Affiliate company, all belong to the confusion of personality, the personality confusion refers to the Affiliate company, the existence of a economic or fact relationship between companies, controlling shareholders use themselfowned holding in the company, the company’s independent personality to disregard, on the financial and personnel do not distinguish, a form of corporation debt securities and arbitrarily transfer, disposal and change has formed the. This paper defines the concept and personality to the Affiliate company as the basis of the concept and characteristics of the negative, negative in real life personality case as the main line, through the case study of the problems appeared in the legal person personality confusion to deep personality denial system, and to explore the personality to deny responsibility system, this thesis studies both in theory or actually have direct and far-reaching significance.This paper contains five parts, structured as follow: Part one is the basic theory about the system of disregard of personality of confusion of personality in affiliate companies. This part defines what is an affiliate company and discusses the concepts%characteristics and meanings of disregard of personality in detail. And then points out the importance to apply the system of disregard of personality in affiliate companies.Part two is the factors of applying the system of disregard of personality of confusion of personality in affiliate companies. This part describes the situations applying the system of disregard of personality of confusion of personality in affiliate companies from the aspects of object factor、behavior factor and consequence factor, and further points out the importance to apply the system of disregard of personality in affiliate companies.Part three is the burden of proving and responsibility assumption of applying the system of disregard of personality of confusion of personality in affiliate companies. Nowadays, the law in our countries has not regulated how to allocate responsibilities when applying the system of disregard of personality in the situation of affiliate companies. This part starts with the regulations in law, and elaborates author’s views about the burden of proving and responsibility assumption of applying the system of disregard of personality of confusion of personality in affiliate companies.Part four is the necessities of applying the system of disregard of personality of confusion of personality in affiliate companies. In this part, the author will points out the necessity from theory and practice, and hope to show that to apply the system of disregard of personality in affiliate companies is very important.
Keywords/Search Tags:Affiliate company, creditors, denied personality, confusion ofcorporate personality
PDF Full Text Request
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