On The Some Questions Of One-Man Company

One-Man Company whose shares or capital belong to one person started as a fact company instead of a jury one. It determines the risks and provides more flexible way in running business, avoiding dispute between shareholders. So this kind of company suits for companies to develop in the new economy. Therefore, since the emergence of a company that the same attitude. the world has seen more than 20 countries have adopted legislation of the case or the legal status of one-man company . In the new year the company established a formal revision of the legal status of a company.In fact, China has not yet passed legislation to establish the legal status of a company before The company actually had a lot of people there. Some investors, especially those in high-risk emerging high-tech industries such as IT, bio-engineering, nano-materials industry in the early venture investors to hedge against risk. shareholders have taken off the way the company set up a real sense, but there are hidden dangers of this form of a company. Once nominal equity shareholders stand, it will create unnecessary controversy. Therefore, our company law established the legal status of a company, but also serve a protective function of the law. Of course, since the promulgation and implementation of the new company, there are many scholars doubt, but since the law has to regulate this area. At present, the attention should be put on how to better harness a company line. Therefore, this paper presents a two-pronged approach before and after treatment, Company Legislation and theoretical studies hope to be able to bring a new vision. The first part of a major company, academic study, One of the companies, as well as academic content and related concepts of separation and definition. There is a company in existence in the dispute, the paper summarizes the scholars of the past. In particular, the company is focused on the flaws and there is a need for both views. Despite the drawbacks of a company whose shareholders are the crux of the matter is that only one person, even the former company's shareholders, the board of directors the separation of powers and checks and balances between the board of supervisors and the pattern of abuse of the character very easily, have unfair to creditors. However analyzed from the following three aspects, the main ones being : (1) of limited liability. reduce operating risk (2) the internal structure simple. facilitate flexible operation (3) a rich investment in SMEs in the form of these three aspects of a company there is the necessity irreplaceable.The second part was devoted largely to the Company Law is perfect legislation to strengthen oversight of a company's advance. Because one company's corporate form, of the traditional companies and company law is a concept and operation of subversion. not only to traditional corporate organizations launching a challenge to the theory. more of the traditional theory of limited liability companies launching a challenge. Obviously, they are one of the evils of corporate balance the interests of the system was originally established as a system damage. However, we see a company's ills, we should also note the existence of inevitability and the reality of a company, debate and disagreement and not deny the existence of things. It is for this reason that we must tackle one of the practical problems that exist in the company. strengthen the supervision of the controlling shareholders , the only real solution of this problem, One person can operate in the normal track of healthy development. Mainly from the following aspects : 1. a system of notification of the necessary two companies. The three shareholders of a company. strengthen financial supervision and inspection or audit 4 . One of the company's shareholders for control of the exposition, and hope to make some contribution to China's company law. Some also raised the question of how the controlling shareholders, mainly from the following aspects : 1.controlling shareholder's fiduciary duty should be clear. 2. It should also controlling shareholders and breach of fiduciary duty of responsibility.The third component is the one who discussed the relationship between the company and piercing the corporate veil. Piercing the corporate veil is to prevent abuse of corporate personality of a company after regulation. But the corporate veil of protection is not unlimited. Preserving the character of the corporate veil is an independent company was only under the prerequisite for a legitimate purpose there. If shareholders and the shareholders of abuse of a limited liability company independent personality. Everything the company has been "veil" hide and disappear in people's vision or legal control, damage to the creditors of the company or companies using the veil of public interest to obtain their own selfish interests, The law that opened the veil to ignore the personality and deny the limited liability of shareholders. Behind the company and its shareholders as a single unit, allowing shareholders to directly face behind the creditors of the company responsible. It is precisely in this sense, just as piercing the corporate veil independent legal personality, in particular, shareholders and add an exception to the principle of limited liability exists. This is also part of the contents of piercing the corporate veil, and in what circumstances can be applied piercing the corporate veil. Disregard of Corporate Personality apply one four elements : 1. Corporate Personality is the perpetrator of abuse; 2. There is damage to the objective facts; 3. Corporate Personality of the abuse and damage to the fact that there is a direct causal relationship between the 4. The perpetrator is at fault.