On The Perfection Of System Of One - Person Company

The paper divides into six parts. The first section is the introduction, briefly introduced one man company concept, the classification, the characteristic and its developing process and has analyzed the malpractice which it exists, introduces our country one man company system the insufficiency, explaining consummates one man company system the necessity, then discusses the elaboration with six parts to one man company.The second part is about reduction of one man company the lowest registration capital. The author has first analyzed the registration capital effect and the function, pointing out attempts to protect creditor's benefit with the lowest registration capital cannot obtain the anticipated effect. The excessively high capital threshold will undermine the development of one man company, which is not the original intention by establishing one man company. I suggested we should reduce one man company the registration capital, make one man company the capital "the common people", encourage individual investment, prosper our market economy. At last, It is about three principles of strict capital. This part stresses on to the creditor the protection. Although our country company law has stipulated the strict legal capital system to one man company, butit has not certainly given the special attention to the capital maintenance and the capital invariable principle, such result is one man company shareholder possibly can shift the company property, harms the creditor benefit.The third part is consummates the publicity system. The main goals of this part are to coordinate the information asymmetric between the shareholder and the creditor, suggest the law supervises one man company to announce the related information, give the creditor more information protects creditor's benefit. Therefore one man company must establish the comprehensive publicity system and the integrity information disclosed system.The fourth part strengthens the surveillance mechanism. It is too difficult to supervise for one man company, how can guarantee one man company shareholder correctly exercises the authority overcomes the difficult of corporate finance for one man company is the country who acknowledged one man company must face. This part proposed we must strengthen one man company the supervisor mechanism, including sets up the outside supervision institution, the introduces the system of independent director as well as introduces the creditor surveillance and the national surveillance and so on. Comprehensively has constructed one man company surveillance system.The fifth part is perfect financial accounting system and the financial surveillance system. The reason why one man company is difficult to supervise is the shareholder personal property easily confuses with the company property, and differentiate with difficulty. Up to this point, I think we must both establish the integrity the financial book system, and strengthen financial supervising and managing, guaranteeing one man company financial account item clarity.The sixth part consummates the legal person personality denial system. As one man company final guard measure, the law personality denial system is one kind of extremely strict responsibility mechanism, and is extremely effective to protect the creditor. But our country compares the principle in this aspect stipulation, lacks the concrete operation standard. I refers to foreign the procedure and our country scholar's research results and links to our country reality, proposed one man company is suitable the legal person personality denial the constitution important document, the suitable situation and other should pay attention to the item, consummated in the company law to stipulate not the explicit flaw.