Disregard Of Corporate Personality Of One Man Company

Our country’s company law put the disregard of corporate personality under thelegal framework through statute law form in2005, which was ingenious over theworld. However, the disregard of corporate personality had developed for severaldecades overseas, so only two articles of our company law could not contain all ofthose. Especially in the juridical practice, one man company increased with thedevelopment of financial condition, but the number of articles about the disregard ofcorporate personality of one man company was very small. This asymmetry made theapplication of the disregard of corporate personality in one man company becomemore and more important. Compared with other company with many shareholders,the natural character of one man company’s institutional framework led the short ofadvance prevention--interior supervision and check. So we could learn this afterwardsmothed played a key role to one man company. The paper would further discuss theproblems as above.Not only did one man company contain natural man shareholder, but parentcompany and subsidiary also was its pattern. Besides that, solely state-ownedenterprise on the basis of national conditions was an exceeding modality in one mancompany. And whether one man company’s condition could be applied the disregardof porporate, we would consider both general requirements and exceptionalcircumstances which should act in accordance with the law. But juridical practicedidn’t get common view on the relationship between the articles about the disregardof corporate personality, which resulted many similar cases with different judgment.So raveling out the skeleton of articles became more and more important.Additionally, not all the condition could apply directly existed rule, such as relatedenterprises. We learned this question form another side, the purpose of disregard ofcorporate company was to protect trade balance, the legal rights of the creditor. Solong as the shareholder damaged the rights of the creditor through neglecting thecorporate personality, we could directly apply the disregard of the corporate personality to protect. In the application of this system, one man company’s affiliatedenterprise and existing system just had the different point of view. At the same time,there was full of dispute of reverse the company personality denial. However, the caseof reverse the company. This showed the articles of company law be weak inoperability which resulted the cases had none to accord. So the articles aboutdisregard of corporate personality and its application in one man company urgentneed to develop, which could make the court had the specific criteria for judgingwhen trialing supervision. These would be better for decreasing the similar cases withdifferent sentence and protecting for the law’s impartiality and authority.