Research On Legle Protection Of The Creditors’ Interests Of One-man Company In China

Abstract:The emergence of the one-man company, has brought great benefits to investors at the same time, there has been a lot of one-man company assets and shareholders’property, regardless of controlling shareholders abuse of the right to damage to the creditors of the company and public interests behavior has seriously disrupted the social and economic order. Combined with the reality, the reason may be due to the following points:First, the one-man company makes its own special structure of the societies of the traditional system, the principle of independent personality and limited liability of shareholders caused some impact. Secondly, the one-man company creditor protection legal system legislation and related cases the administration of justice level is missing. Finally, the social and moral failure of regulation of the one-man company.To shareholders of the Company against creditors of the company in the interests of the phenomenon of regulatory practices, safeguard the legitimate interests of the creditors of the company, and the legal system needs to be perfect from the following four aspects of a company protection from its creditors. First of all, the perfect one companies identify legal mechanism that is moderately reduce the minimum registered capital gold of the one-man company, enrich the company’s capital and basic reserve system; prohibit one-man company and then set up the one-man company, a company behavior established by the the Yan Geli regulations made legal; creation of derivative a company policy; strengthen the one-man company registration, publicity system; strict implementation of self-dealing, the information disclosure system of related party transactions. Second, improve the one-person company internal governance structure, that is to strengthen supervision of the terms of reference of the sole shareholder of; regulate a Board of Directors of the Company the terms of reference, not only given their rights more you want to provisions of its obligations; improve the system of the Supervisory Committee of one-man company, stimulate the performance of duties of the employee supervisors and external supervisors. Third, the design of a company external supervision and inspection system, namely the establishment of external inspection authorities/personnel, the appointment of a special accounting agencies/personnel review one company financial; introduction of creditors and external supervision, allow its audit and filed related litigation; establishment of one-man company and its shareholders’credit files, to develop a professional credit assessment institutions and increase the penalties for acts of dishonesty. Fourth, build a system of one person piercing the corporate veil. The legal personality of the one-man company denied from the body, behavior, damage results identified three elements, three are indispensable, and the law should clearly each of the three elements of criteria; still introduce multiple personality denied and reverse personality denial system, legal the establishment of a company’s creditors properly protected; also the introduction of the common law "Deep Rock principle" as one of our corporate personality denied the complement of the system. Finally, it should improve the quality of the trial court business, strict selection system, to improve the specialization of the judicial officers; Selected by the Supreme Court issued guidance case or case, and the guidance of one of trials in the interests of the creditors of the company.