A Study On The Legal Effect Of A One-person Company's Associated Guarantee

One-man company has established a new legal person other than the majority of members to cater to the development trend of the current social economy,and is more flexible in the process of market capital operation.However,whether it can engage in related guarantee activities is controversial in both theoretical research and practice.In order to study the problems existing in the process of one-person company's affiliated guarantee,firstly,the basic theory of such cases should be studied from the types,characteristics and reasons of one-person company's affiliated guarantee.Secondly,through the analysis of five theories and a number of judicial practice cases in the determination of the validity of one-person company's affiliated guarantee,the determination criteria for the legal validity of one-person company's affiliated guarantee are explored: The article 16 of the Company Law should not be used as a direct judgment,or the Article 10 of the Judicial Interpretation of the Security System should be directly applied to consider whether the interests of a one-man company and the guaranteed(shareholders or actual controls)are consistent.The effectiveness of the guarantee can be judged comprehensively by such criteria as whether the position of the guaranteed is in a key position,the size of the rights and the degree of control in the one-man company;Finally,in the case that the one-man company's associated guarantee is valid,the corresponding pre-or post-relief measures are proposed to the creditor and the one-man company respectively,in order to avoid or reduce the undue damage to the rights of the creditor and the one-man company.