The new Company Law in 2023 adds the personality denial system of affiliated companies.It is dif-ficult to determine the authenticity and benefit of transactions between affiliated companies,and it is more likely to abuse limited liability and damage the interests of creditors.How to protect creditors by de-nying the personality of affiliated companies becomes a difficult problem.However,the prominent problems such as the legislative model,the identification of affiliated companies,the applicable requirements of personality denial and the burden of proof have not been fully clarified through the form of legal regula-tion.Therefore,this paper,combined with different cases in practice,discusses the improvement of the per-sonality denial system of affiliated companies.The direction of improvement lies in perfecting relevant legislation;Clarify the standard of identification;Attach importance to the results and strictly limit the applicable conditions;Optimize the distribution of burden of proof.
关键词
关联公司/法人人格否认/案例研究
Key words
Affiliated Companies/Piercing the Corporate Veil/Case Stuy
维普
万方数据