The Applicability Of Disregard Of Corporate Personality

December28,2013,the12th session of the National People’s Congress standingcommittee sixth meeting examined and adopted the "Company Law" amendment.12articles were amended.The "Company Law" to modify the registered capitalsubscribed by the paid-registration system to a registration system, but relaxed theminimum registered capital requirements. The new amendment on the one hand toencourage investment; but on the other hand, also increases the shareholder abuseindependent personality and shareholder limited liability company, to evade the debt,creditors could damage the company. The system of disregard of corporatepersonality can be a deterrent to the integrity of shareholders.In this paper,the authors analyze a case, the contractor is the author’s own case,putforward the problems encountered in the process of the application system ofdisregarding of corporate personality,and carries on the analysis and study onproblems the conclusion of the case can be denied legal personality. This paper isdivided into five parts, in particular to:The first chapter is proposed the question. Through a case, which the authorsdo, put forward the disregard of corporate personality in applicable in the problem ofexistence. This case involves three problems, namely: Can creditorrequest confirmation of creditor’s rights in together with the requirements of thedisregard of corporate personality; the standard definition of abuse; the lawapplicable to domestic court denied foreign corporate personality. The second chapter is the foreign (Overseas) about the disregard of corporatepersonality system comparative analysis.Mainly on two legal personality denial aboutthe legal system applicable to compare.The main countries or regions are the UnitedStates, Britain,HongKong, Germany, Japan, Taiwan.The third chapter is domestic about the disregard of corporatepersonality system theory research and judicial practice. In this chapter is to deny theregime applicable corporate personality empirical analysis on domestic,is the focus ofthis paper.By Beidafabao a case retrieval systems, the case base on the corporatepersonality denial case,statistical analysis.Through empirical analysis, should payattention to the problem of finding, legal personality denial system in the specificapplication process.Empirical analysis found: one man company can easily be deniedlegal personality; court denied our legal personality is higher than the overallproportion of foreign courts;The number of cases related to the degree of thedeveloped economies, but denied rate not associated with the extent of the developedeconomies; The higher the level the more cautious when court denied legalpersonality system; The fewer the number of shareholders more easily be denied legalpersonality;Shareholder is a natural person is more easily denied than shareholder is alegal person of a company;In practice the vast majority of cases are brought togetherlegal personality denial litigation; Denied infringement cases is lower than the rate ofdenial rate contract cases, inconsistent with the theoretical; There is no significantshortage due to capital cases are denied legal personality.The fourth chapter is the author of the proposal.The main proposed to regulatethe legal personality denial system applicable recommendations. The authors suggestthat by enacting guiding cases and judicial interpretation of the way to develop normsapplicable legal personality denial system.The fifth part is the conclusion. Through research, the authors believe that Mr Chen exiting abuses, the HongKong company’s legal personality should be denied.