About «one-person companies»

The article describes the concept of a single person company as a company established by one person or with one participant. Such companies may include limited liability companies, additional liability companies and joint stock companies. The author points out that it is controversial to understand such a legal entity as a company due to the characteristics of its features - the peculiarities of management of such a company by a single participant, the absence of collegial bodies, and as a result, the will of a legal entity is formed only by its participant, which leads to the coincidence of their wills in the understanding of law. This gives grounds for the statement about the triple fiction of a legal entity's company. The author also emphasises the high risk of holding the sole participant of such a company liable for its debts and, therefore, that there are no grounds to assert that such a legal entity has independent property liability. The author analyses different visions of the legal regime of property of private enterprises and national joint-stock companies as single-member companies.

Authors

Publication Details

Journal
Civìlìstična platforma.
Published
2024-12-01
DOI
https://doi.org/10.69724/2786-8834-2024-3-3-196-210
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
0.00
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article

About «one-person companies»

Inna Spasybo-Fatyeyeva
1 links
Civìlìstična platforma.
Legal Studies and Reforms
article

About «one-person companies»

Inna Spasybo-Fatyeyeva
article en

Abstract

The article describes the concept of a single person company as a company established by one person or with one participant. Such companies may include limited liability companies, additional liability companies and joint stock companies. The author points out that it is controversial to understand such a legal entity as a company due to the characteristics of its features - the peculiarities of management of such a company by a single participant, the absence of collegial bodies, and as a result, the will of a legal entity is formed only by its participant, which leads to the coincidence of their wills in the understanding of law. This gives grounds for the statement about the triple fiction of a legal entity's company. The author also emphasises the high risk of holding the sole participant of such a company liable for its debts and, therefore, that there are no grounds to assert that such a legal entity has independent property liability. The author analyses different visions of the legal regime of property of private enterprises and national joint-stock companies as single-member companies.

Civìlìstična platforma.Vol. 3(3)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
Legal Studies and Reforms
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About «one-person companies» — Inna Spasybo-Fatyeyeva · Civìlìstična platforma. (2024) | TGRS Research Map | TGRS