Research On The Creditor's Right To Know In Limited Liability Company

It is of great significance for creditors to know the information of the company,which is closely related to the realization of creditor's rights.In 2013,the company law reform realized the leap of the capital credit to the asset credit,so how to guarantee the creditors to know the assets management of the debt company has become a new topic of creditor protection.The limited liability company set closed,people together in a state of imbalance,the creditors are in serious debt information,to ensure safety without effective,need to provide the corresponding legal mechanism to solve the creditors of the information related to the company's acquisition of the construction of creditors' rights system is to represent the general trend.This paper attempts in the existing legal framework for limited liability company right of creditors,ensure that the limited liability company creditors know the credit status of the debtor's assets,would benefit.The first part of the thesis from the limited liability company creditor's right to know the breakthrough concept,fully demonstrated the necessity of the creditor's right to know,to clarify the relationship between creditors informed system and related concept,the business secret rights and corporate information disclosure.The second part reviews the legislation and practice of our limited liability company right of creditors,pointed out that the creditors' rights facing the information disclosure mechanism is not perfect,lack of effective information,lack of legal provisions and other difficulties.In the third part of the paper,the author makes an investigation on the extraterritorial legislative experience of the creditor's right to know in the limited liability company.The fourth part is the core of the full text,and discusses the basic conception of the creditor's right to know in the limited liability company.The author mainly from the subject of the right to know,the object,the way to realize the rights of the whole framework,in order to ensure the limited liability company creditor's right to know the full realization.The conclusion part is about the theme of the return system construction,which advocates the legalization of the creditor's right to know of the limited liability company,and should make further improvement in the framework of the existing legal system of the company.