crashbandicoot4multiplayeronline|全国股转公司强化新三板投资者开户风险管理：严查非法机构诱导“一人公司”非法开户

A few days ago, the Taurus reporter of the China Securities News learned exclusively from the brokerage.Crashbandicoot4multiplayeronlineRecently, the National Stock transfer Company issued a notice to the securities firms, requiring them to further strengthen the new third board investors to open account insurance tips.

It is reported that recently, the National Stock transfer Company received reports from investors that some illegal institutions induced investors to open new third-board accounts and participate in transactions in the form of "one-man company", resulting in losses for investors. The stock transfer company requires all securities firms to understand investors when they apply for the right to open a new third board trading.Crashbandicoot4multiplayeronlineThe identity, financial status, securities investment experience and other relevant information to assess the risk tolerance and risk identification ability of investors.

The national equity transfer company requires that if investors open the new third board trading authority as a "one-man company," all securities firms should carry out targeted work such as insurance disclosure and popularization of investment knowledge, focusing on publicizing to investors the knowledge of preventing illegal securities activities, fully revealing the stock trading insurance of listed companies, and guiding investors to prudently participate in the stock trading of listed companies. If it is found that there is a situation in which a centralized account opening of a "one-man company" may be suspected of illegal intermediary, the securities firm shall promptly report the clues to the national stock transfer company and do a good job of insurance reminders.

According to legal personages, under the current Company Law (amended in 2018), "one-man company", that is, an one-person limited liability company, refers to a limited liability company with only one natural shareholder or one legal shareholder. Articles 92 and 112 of the new Company Law, which will be implemented soon, allow the establishment of an one-man joint stock limited company.

"one-man company" has the advantages of low conditions for establishment, simplicity and rapidness, simplified management structure, high management efficiency, small contradiction of company interests, greater control and decision-making power of one-man shareholders, better protection of trade secrets and so on. However, it is also easy for one-man shareholders to use the independent legal personality of "one-man company" for personal gain. When corporate personality and shareholder personality are confused, it is not only not conducive to protect the rights of creditors, "one-man company" shareholders should also bear unlimited joint and several liability for corporate debt.

In order to prevent one-man shareholders from acting arbitrarily and abusing the principle of independence of corporate personality, China's current Company Law (including the newly amended Company Law) has strict provisions on one-man limited liability companies. especially from the point of view of inverted burden of proof, the shareholders of "one-man company" are urged to abide by the relevant provisions of the Company Law, if one-person shareholder cannot prove that personal property is independent of company property. The law assumes that the personal property of one shareholder is confused with the property of the company, the personality of the company is denied, and the shareholder of one person shall be jointly and severally liable for the company's debts.

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