On The Protection Of The Interests Of Subordinated Corporate Creditors In Affiliated Companies

Economic collectivization trend of led to the rapid development of the company,in order to adapt to the increasingly fierce market competition,and associated companies in order to become more competitive advantage for enterprise group of related party transactions,inevitably produce some unfair related party transactions,such as controlling the company using the affiliate company of the independence of corporate personality system,to carry huge debts to make its bankruptcy,greatly harm the interests of subordinate company creditors,it will cause a series of new legal issues,with the vigorous development of China's socialist market economy and the advancement of the socialist rule of law process,perfect the relevant company legislation already can be on the agenda,improper associated transactions between affiliated company,the interests of creditors should become an indispensable part of company legislation,this paper combined with the United States,Germany and China's Taiwan region and judicial practice to theory research for our affiliates in the affiliate company creditor benefit protection issues to explore.This article is divided into four chapters.The first chapter defines the definitions of related companies,control companies and subordinate companies through the relevant concepts of related companies in other countries or regions worldwide.The second chapter,on the basis of the first chapter,analyzes the problems and related reasons of the related company's damage to the creditor's interests of affiliated companies in the first chapter.In this part,we first explore the theoretical basis of the creditor protection of affiliated companies in the affiliated company,and the subordinated corporate debt in the affiliated company.The plight and problems of the right holders are studied,and then the main reasons for the damage of the creditors of the affiliated companies in China are analyzed and explored to find the cause of the damage.The third chapter introduces and analyzes the legislative mode of the creditor protection of subordinated companies in the affiliated companies in Germany,the United States and the Taiwanregion of our country by means of comparative analysis.The method of legislation in Germany for the affiliated company is to protect the interests of the creditors of affiliated companies in the affiliated company.The United States is protected by the "deep stone principle" and so on.By uncovering the company's veil principle,the deep stone principle and the substantive consolidation principle,the creditor's right of affiliated company in the affiliated company is uncovered.The interests of the people are protected.On the basis of its original legislative model,the Taiwan region of our country has drawn on and absorbed the legislative system of the ex post protection of the United States and the pre protection of Germany,thus forming a set of protection system suitable for itself.Through the experience of other countries and regions regarding the protection of creditors' interests of affiliated companies in affiliated companies,we hope to find a suitable method for China.The fourth chapter talks about the perfection of the legal protection of subordinates' creditors in affiliated companies and the related countermeasures.In this part,we first comb and evaluate the laws and regulations related to the protection of subordinates' creditors in affiliated companies.Then,the problem of the creditor protection of affiliated companies in China's affiliated companies is combed and some specific legislative proposals and countermeasures are put forward on this basis.