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
Nowadays, the policy of encouraging the development of SMEs, starting a business has become a popular choice for many people. Alongside entrepreneurial talent, the legal environment and system design are also very sig...Nowadays, the policy of encouraging the development of SMEs, starting a business has become a popular choice for many people. Alongside entrepreneurial talent, the legal environment and system design are also very significant for SMEs＇ surviving. This Article provides the successful experiences of SMEs in YIWU, including raising sufficient capital from private finance, highly autonomous forms of enterprise, as well as thinking highly of intellectual property. This article analyses the current problems of SMEs from both legal and economic perspectives, and gives three proposals： legalising underground lending system and creating private banks, introducing the Limited Liability Company into China, and providing the road for transforming intellectual property rights into easily realisable interests, for the purpose of building a more advantageous developing environment for SMEs.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Nowadays, the policy of encouraging the development of SMEs, starting a business has become a popular choice for many people. Alongside entrepreneurial talent, the legal environment and system design are also very significant for SMEs＇ surviving. This Article provides the successful experiences of SMEs in YIWU, including raising sufficient capital from private finance, highly autonomous forms of enterprise, as well as thinking highly of intellectual property. This article analyses the current problems of SMEs from both legal and economic perspectives, and gives three proposals： legalising underground lending system and creating private banks, introducing the Limited Liability Company into China, and providing the road for transforming intellectual property rights into easily realisable interests, for the purpose of building a more advantageous developing environment for SMEs.
