The Study On Legal Protection For Creditors’ Interests Of One Member Company

With the reform of market economy system and the rapid development of economy in our country, The way people get involved in investing has become diverse. More and more people began to choose to set up a company to pursue economic interests. One member company is a special kind of limited liability company,It has the characteristics of limited liability of the shareholders of the traditional company. Meanwhile, One member company’s establishment is simple, the operation is highly effective and flexible, This causes it to be liked by the small and medium investors. since the company law in 2005 recognized the legal status of One member company, the company in which have been nearly 10 years of development. In 2013 the company law was amended, one of the characteristics is to change the system to pay the real payment system. This means that the number of One member company will increase dramatically. One member company is a special company model, the decision-making body is only one person, the shareholder’s right is enlarged, simple organizations make the company operate more effectively. However, company’s shareholders is unique, it lead to the abuse of shareholders’ rights and other acts of lack of supervision. In the pursuit of the value, it is easy to ignore the interests of creditors, it cause a lot of behavior to damage the market order. How to balance the relationship between shareholders and creditors, we not only pay attention to economic efficiency, but also to maintain fairness, to protect the legitimate rights of creditors. Which also is the topic of this dissertation.This paper starts with the definition of the concept of One member company. What is One member company and classification of the company are introduced. The theoretical basis of the protection system of the interests of the creditors of One member company is analyzed. By comparing with the difference of the traditional company, the particularity of the system of One member company is highlighted. They are differences between One member company and traditional company in the aspects of the number of shareholders, the internal governance structure, and the responsibility. The characteristics of One member company cause the events of hotchpot to occur frequently. That is very bad for the creditors. Therefore, it is imperative to strengthen the legal protection of the interests of creditors. The new "company law" has new regulations on the information publicity in our country, These provisions reduce the risk of infringement of a company’s creditor in a certain extent, However, the lack of maneuverability lead to creditors’ interests can not be protected sufficiently. In this paper, by comparing the foreign legal protection of the interests of the creditors of a company’s relevant legislation, from which we can learn from. above all,This article thinks that it is effective to protect the interests of creditors,Through set up strict financial supervision system,perfect the information disclosure system and internal governance structure of One member company,detail the corporate personality denial system and draw lessons from foreign subordinated debt system.