Based on the fact that the parent company has actual control over the subsidiary company,this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests...Based on the fact that the parent company has actual control over the subsidiary company,this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests of creditors.Moreover,under the intangible protection of the current limited liability system and the independent personality of the company,it can“retreat”.This is undoubtedly against the original intention of the establishment of enterprise groups and has great potential harm to creditors.In addition,on the basis of the relief measures for the rights and interests of the parent company caused by the bad behavior of the subsidiary,the legal defects that should be carefully considered are determined.Considering whether there are other remedies that may have the same effect as disclosure,some are more moderate than disclosure.With Britain’s strong caution about lifting the veil,a more moderate direction could be considered.展开更多
Cutthroat competition amid subsidiary companies of IT Group Company due to immanent characteristics of IT industry and grouping management mechanism infringes upon the collective profits. Two ways to avoid cutthroat c...Cutthroat competition amid subsidiary companies of IT Group Company due to immanent characteristics of IT industry and grouping management mechanism infringes upon the collective profits. Two ways to avoid cutthroat competition of group company with game theory are studied: the assessment objective made by IT group company for subsidiary companies focuses on profits not revenue; the supervisory department of group company shall intensify law enforcement strength and give severe punishment against illegal depreciation of the subsidiary company.展开更多
文摘Based on the fact that the parent company has actual control over the subsidiary company,this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests of creditors.Moreover,under the intangible protection of the current limited liability system and the independent personality of the company,it can“retreat”.This is undoubtedly against the original intention of the establishment of enterprise groups and has great potential harm to creditors.In addition,on the basis of the relief measures for the rights and interests of the parent company caused by the bad behavior of the subsidiary,the legal defects that should be carefully considered are determined.Considering whether there are other remedies that may have the same effect as disclosure,some are more moderate than disclosure.With Britain’s strong caution about lifting the veil,a more moderate direction could be considered.
文摘Cutthroat competition amid subsidiary companies of IT Group Company due to immanent characteristics of IT industry and grouping management mechanism infringes upon the collective profits. Two ways to avoid cutthroat competition of group company with game theory are studied: the assessment objective made by IT group company for subsidiary companies focuses on profits not revenue; the supervisory department of group company shall intensify law enforcement strength and give severe punishment against illegal depreciation of the subsidiary company.