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On The Disregard Case Of Corporate Personality About He Ning V,Ningxia YinXiang Company And XinYinDi Company

Posted on:2017-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:M Y HouFull Text:PDF
GTID:2336330488479756Subject:legal
Abstract/Summary:PDF Full Text Request
Due to the 20th article of the Corporation Law about disregard of corporate personality is too general, it leads to that whether affiliated company can apply to disregard of corporate personality or not exists different understanding and the formation of different case. On the disregard case of corporate personality about He Ning V, Ningxia YinXiang company and XinYinDi company is a typical case. It has three main disputes:(1)Whether there is affiliated relationship between Ningxia YinXiang company and XinYinDi company;(2) Whether the case should be applied to the system of disregard of corporate personality; (3)whether Ningxia Xinyindi company shall take several and joint liabilities.On the basis of the analysis of the case and the relevant evidence, I combine the same type of case with analysis. Meanwhile, I make the conducting normative analysis and theoretical liquidation analysis about identification standard of affiliated company, Whether affiliated company should be applied to the system of disregard of corporate personality and responsibility. Finally, it comes to the conclusion that standards of determining the affiliated company should be the combination of ownership and control, according to ownership presuming that if there is control.Wang Lianxi control Ningxia YinXiang company and XinYinDi company,there is affiliated relationship between two companies. Besides, the companies have already meet requirements of confusion of personality, so the case can be applied to disregard of corporate personality. Although Ningxia Xinyindi company didn't infringe He Ning's rights actively, Ningxia Xinyindi company's personality should be denied because of the companies'confusion of personality.Two companies are regarded as the overall to external responsibility.It can protect the interests of creditors and meet the requirements of fairness and justice. Therefore, we should improve identification standard of affiliated company and the system of disregard of corporate personality based on the current social environment and the aim of legislation, Only in this way, can the rights and interests of creditors and shareholders be protected better.
Keywords/Search Tags:Affiliated company, Control, Disregard of corporate personality, Joint liability
PDF Full Text Request
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