The Research Of Personality Denial System And Practice Of One-man Company

In the company law of all countries, Anone-man company personality denial system is the most important way to protect the interests of creditors.There is only one shareholder in one-man company,Which is likely to mix up the property of shareholder and the property of the company. And it also causes irreparable damage to creditors easily.Therefore in 2005 the Corporate Law of Chinaintroduced one-man company system,and a series of relevant measures were stipulated to prevent the abuse of one-man companyat the same time.In my opinion, the minimum registered capital and personality denial system are the two most important methods.However, in the Corporate Law of modified this year, it changed the registered capital paid in registration system to subscribed registration system. Meanwhile it also abolished the regulation of minimum registered capital of 100000 RMB in one-man company.It helps to enhance the vitality of market, and reduce the cost of setting up a company. While personality denial system become the only way to prevent the abusing of one-man company, andto protect the interests of the creditor. But there are many problems in personality denial system of one-man company. So this article is divided into four parts to introduce the way of improving the personality denied system of one-man company.The first part of the article introduces one-man company, and analyzes reasons of the importance of personality denial system. At the same time also introduces the composition elements of the one-man company personality denied.The second part of the article introduces the basic situation of the one-man company personality denied in the developed countries and the related classic case.The third part of the article analyzes problems of personality deniedsystem in substantive law and procedural law.The fourth part of the article throw out a suggestion to one-man company personality denial system in our country.