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
One-person company, in many countries, mostly experienced from being denied to be confirmed in certain scope. At present, the various countries revise their company laws in succession and give diplomatic recognition t...One-person company, in many countries, mostly experienced from being denied to be confirmed in certain scope. At present, the various countries revise their company laws in succession and give diplomatic recognition to register and continue one-person company.In PRC, reformation and consummation on company law is a task of top priority,too.This article makes every effort to analyze :the concept and classification of One-person company; major legal and actual situations of one-person company in PRC .Through appraising the present situations of one-person company, summarizing the malpractice of one-person company system in PRC and looking into the future, the article advocates permitting the natural person and the legal person to set up one-person limited liability company in certain scope .Meanwhile made the preliminarily tentative legislation suggestion.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One-person company, in many countries, mostly experienced from being denied to be confirmed in certain scope. At present, the various countries revise their company laws in succession and give diplomatic recognition to register and continue one-person company.In PRC, reformation and consummation on company law is a task of top priority,too.This article makes every effort to analyze :the concept and classification of One-person company; major legal and actual situations of one-person company in PRC .Through appraising the present situations of one-person company, summarizing the malpractice of one-person company system in PRC and looking into the future, the article advocates permitting the natural person and the legal person to set up one-person limited liability company in certain scope .Meanwhile made the preliminarily tentative legislation suggestion.
