Legal Protection Of The Interests Of Creditors Of One - Person Limited Liability Company

The one-person company is a special form of company originated from the20thcentury. It lies in the facts not in the form of law and it is also a challengingbreakthrough comparing with the traditional company, which plays important role inthe development of economic and society. Therefore, many countries made laws toprotect the one-person company. The Laws on company of People of Republic ofChina has been revised, adding the rules and regulations of Laws of Company.Meanwhile, laws of company mean the one-person company existing legally. Theresearch connotation of the thesis is trying to explore the protection rules andregulations of the one-person company as well as those of the creditors’ profits.How to improve and perfect the gap between the theory and the practice is the keypart in one-person company’s running, overcoming the weakness of the simplicity andimpractical weakness, aiming to protect the profits of the creditors. The thesis coversliterature analysis, research aims and values and significance of writing the thesis andthe introduction of the one-person company’s development, definition and legalcharacteristics. Meanwhile, there are some illustrations about the necessity ofprotecting the one-person company and creditors in case of meeting the threats. Thereare also some theoretical basis, from three aspects to describe the principles from theshareholders, company social responsibilities and related profits benefiters. All theseprinciples have great effects on the one-person company and their interests andprofits.The laws formulated for one-person company’s tendency of the world, and it isalso profitable to encourage investment and development of company rules. Apartfrom the advantages of one-person company, there are some disadvantages because ofthe specialty of one-person company, which contains some conflicts with thetraditional establishing laws. The significance of the thesis is how to protect thecreditors’ profits efficiently and develop the one-person company running smoothly inour country The first problem is how to protect the creditors’ profits. The revision of the Laws of Company made rules for the company’s running, of which there are sevenrules to protect the creditors’ profits. However, there are some differences betweenthe theory and practice, forming the statues of simple establishment and practicalweakness. Therefore, there are still some threats to creditors originated from theone-person company.This thesis is illustrating the concepts, connotations and characteristics of theone-person company as well as the protection and threat to the creditors. Meanwhile,the thesis is also exploring the unique characteristics and personality of theone-person company, gaining the aim that the laws of the one-person company canboth protect the profits of the shareholder and also overcame the shortcomings ofsimplification and imperfection of the one-person company. Therefore, how to makethe one-person company in normal and strict rules to protect the profits of their ownand the creditors is the emphasis to be illustrated in this thesis. In addition, the thesisis offering some advice on making the laws perfect to protect the profits ofshareholders and creditors. Meanwhile, the measures should be taken to protect theprofits of one-person company and the creditors. General laws have some limitationsin protecting profits of both of them, so there is need of some special laws tostrengthen the measures. How to avoid the threats through the laws and measures inoperating the one-person company is the main research part of the thesis. It is also ananalysis of new company law on one-man limited liability company, and points outinadequate on protection. Then according to the former exposition puts up someproposal of improving legal protection of interests of the creditors of one-mancompany. There is still some disadvantage of the one-person company.