One Member Company Creditor Benefit Protection

The company is also known as one-owned company, can also be called single-share company, means the company’s capital is a natural person or a legal entity funded by the commitment of a shareholder of a limited liability company. It is a special form of a traditional company, with common Co. has a very different and has its own unique particularity. For example, the number of shareholders, the company has only one shareholder one person; in terms of shareholders’ rights, the rights of shareholders of a large one-man company; in the organizational structure, one company is not set up as the "three will be" like an ordinary Limited. Respectively, in 2005 and 2013 China’s "Company Law" was substantially revised in 2005 modified the first time in legislation on the legal status of a person’s made sure that the one-man company system into the current system of one-man company issues related to the provision. "Company Law" to name one person company is the result of strong investor expectations, giving investors a chance to lack of funds for higher returns. Although the one-man company in the "Company Law" to get recognized, but due to conflicts essentially one-man company had its own characteristics and its own defects the development of related systems when one company is no good to reconcile this contradiction, in practice there is a wide variety of problems, including the organization is incomplete, missing information disclosure system of financial supervision and weak.In China’s economy is active in one market, many of the company’s real sense. One shareholder, especially prominent is the individual shareholders, and only this one lacks the appropriate supervision and control of shareholders, since this traditional corporate governance structure intact copy simply not be able to apply to one-man company, decision making is also very random, it is difficult to form a scientific and rational decisions. In addition, one person companies, there will be the very common and more severe cases, also will cause the greatest harm is that property and the property of the shareholders of the company’s one-man company’s creditors confused with each other.How can develop suitable for China’s use of the relevant systems on one-man company is a priority, this paper describes China’s "Company Law" on the legislative status of a person company policy on the basis of learning and foreign advanced experience and the latest theoretical study domestic reference results, based on China’s national conditions, proposed to work out how to better the person’s laws and regulations, to make up for shortcomings and deficiencies of the current legislation to strengthen the protection of the interests of creditors.