Study On The Protection Of Creditor Of One-Man Company

One-man Company is a company that the stock completely belongs to the sole shareholder. It encourages one starting an undertaking, developes economy and increase the employment. It's existence and development is inevitable and significant. However, because One-man Company is unitary, it is easy for the only shareholder doing something illegal,taking risk of managing,abusing his power under the limited liability,but protected by the independent personality of the company. So it may greatly increase the possibility for One-man Company's creditor to suffer a loss.Therefore, in order to protect benefit of One-man Company's creditor, and reduce the transaction risk, we need to regulate One-man Company and establish a strict national legislation protection system. Judicature and Researcher always pay attention to protection system. To make every effort to guarantee One-man Company for fair competition and balance benefit relationships among the company,shareholder and the company creditor. Trying the best to improve the protection system, we look forward to a better protection for the interests of creditors and security transactions with the special company type. At present, the majority countries of the world receive and regurate One-man Company. They do not make a special rule for One-man Company but use the present statute which can use in any company,so do our country. That is to say, to protect the interests of creditors, it must base on the creditors of general company protection systems and make the relevant regulations and policies with the view of the special nature of One-man Company, and develope continuously.In chapter 1, I first made a brief outline about One-man Company. It comprises the Conception, Classification, Theory, Legal characteristic. And also analysis One-man Company on corporate Societies theory.In chapter 2, I analysised other countries and regions about One-man Company creditor protection law practice. In Britain and the United States, despite the absence of clear legislation in One-man Company related to the protection of creditors, creditors will get more adequate protection. That is what we should use for reference. Liechtenstein, Germany, Japan and other civil law countries are more perfect in their law system, it is of great significance to China's legal practice.In chapter 3, I discussed the theoretical protection for the creditors and the special legal issues of One-man Company creditor's protection. To provide protection to the creditors has profound social background and theoretical basis. There are similarities and differences between One-man company cre itor protection and the general company protection. So, it is necessary to distinguish between theories. In chapter 4, I studied legal framework of creditor protection of one-man company. It should be fully protected from establishment, operation to bankruptcy. And all stages and aspects should be a corresponding system .One-man Company's internal structure is special. How to balance the interests among the company, shareholders and creditors not only relates to One-man Company's competition, but more relates to the protection of the interests to creditors.In chapter 5, I discussed how to improve the law protection for creditors of one-man company. It is a conspicous progress for the new Company Law setting up a system of five measures against the risk of creditors of One-man Company. However, the means of protection for creditors remain to be further improved to provide adequate protection, and also to achieve a company's value system. Referencing the general company law and One-man Company law in developed countries, I raised my opinion on how to perfect one-man company in protecting the interests of creditors which include: to increase the sole shareholder's investor security responsibility and exercising the power of the obligation; to strengthen the trustee for the protection of the interests of creditors, the obligations and responsibilities; to enhance the operation of the law personality system; to establish creditors the right to request disclosure of information, the right to apply for the dissolution of the company etc; and to establish One-man Company's credit laws regulating mechanism. I hope these suggestions will be provide some reference on company law to protect the legal interests of One-man Company's creditors.