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一人公司以其减少经营风险、鼓励投资的独特吸引力,越来越多地被世界各国公司立法所明文许可,我国在2005年10月27日修订颁布的《公司法》中亦有明确的规定。文章结合外国一人公司立法,认为我国的一人公司应根据自己的特点可以不设股东会和董事会,但应设立监事会,并且强化专门机构对公司财务的监督,赋予监事会特定情况下的妥当性监督,以完善监事的激励和约束机制。
The unique attraction of one-person company for its management risk reduction and encouragement of investment is more and more approved by the legislation of companies all over the world. There is also a clear stipulation in the Company Law amended and promulgated by China on October 27, 2005 . According to the legislation of one-man company in foreign countries, the one-man company in our country should have no shareholders’ meeting and board of directors according to its own characteristics, but should set up a board of supervisors, strengthen the supervision of the specialized agencies on the company’s finance, give due supervision to the board of supervisors under certain circumstances, In order to perfect the incentive and restraint mechanism of supervisors.