Research About Abuse Of The Shareholder's Right In One-Person Corporation Invested By Natural Person

The legal system of One-person Corporation in China is set up together with the implementation of the "Corporation Law" from the date of January 1^st,2006,and is gradually developing in practice,which exert an important effect in the development of China's market economy.However, the legal system of restraining the abuse of shareholder's right still leaves much to be desired:the legislation technique is simple with deficient control measures and weak feasibility,especially the abuse restraining in the One-person Corporation invested by natural person,both in theories and practice.Therefore,Based on the research of the content and character of the shareholder's right in the One-person Corporation,the form of the shareholder's right abuse and the purpose of abuse-control,the paper aims at providing some exercisable ways to control the shareholder's right abuse in One-person Corporation invested by natural person.The paper is composed of the preface,the text,and the conclusion.The development and background of the legislation for the One-person Corporation is reviewed and the research scope,method and structure of this paper is presented in the preface.The text is divided into 3 chapters.The purpose of Chapter 1 is to find out the content and character of the shareholder's right in the One-person Corporation on basis of the introduce for the conception and the classification of the One-person Corporation.Compared with ordinary corporations,the exertion of the voting right for natural-person shareholder in the One-person Corporation is special for its simple procedure without any different opinions from other shareholders,so the voting right of shareholder and the power of the corporation are turned into one.At the same time,the director of the corporation is inevitably controlled or intervened by the shareholder,which destroyed the separation principle for the administration of the shareholder meeting and the director meeting in traditional corporations.The intention of Chapter 2 is to discuss the concept,reasons of the abuse of shareholder's right in One-person Corporation invested by natural person.The abuse act,which mostly includes:self-deals of the natural-person shareholder,asking for over-pay from the One-person Corporation and evading his duty of Non-Competition and qualification restriction,malicious transfer of the corporation's asset,is likely to have bad impact on the creditors of the corporation,the carrying out of the laws and regulations,then to the economy system and credit system of the society.The overall objective of Chapter 3 is to study the restraining institutions for the control of the abuse act,on the basis of analysis on the deficiency of the legislative system of China from four different point:the capital system of One-person Corporation,the inner administrative structure of One-person Corporation,the Public notice and credit system of One-person Corporation and the disregard of One-person Corporate personality theory.The intention of the conclusion is to summarize the result of the study of abuse of the shareholder's right in One-person Corporation invested by natural person on basis of retrospection of the paper,in order to contribute to the development of the legislation on the One-person Corporation of China.