ضمانات الدائنين في شركة الشخص الواحد: دراسة في القانون الكويتي

الملخص EN

The legislator stipulated in the companies law no.

1 of 2016 a new type of company, which is the one-person company, according to which a person- whether a natural or legal person- can deduct a portion of his private funds and allocate it to a specific project, and his responsibility is determined by the amount of money allocated for this project without exceeding it to the rest of his own money.

however, the establishment of this type of company has raised the concern of those dealing with these companies, especially the creditors of those companies, regarding the guarantees that they can provide, especially in light of the sole partner and the limited liability to him.

hence the importance of the research in the guarantees provided by the one-person company to creditors under Kuwaiti law, so we divided the research into two chapters: the first of them devoted to the concept of a one-person company.

as for the second chapter, we devoted it to the guarantees of the one-person company creditors.

in the first topic, we discussed the legal guarantees of creditors according to the general rules, and whether the financial liability of the company meets the requirements of creditors or not, in the first requirement of it, and in the second requirement we talked about the guarantees of the one-person company creditors according to the companies law.

in the second topic, we examined the agreement guarantees for creditors that creditors can request from the company to strengthen the general guarantee.

we have concluded that the legislator has extended the liability of the owner of a one-person company to his own funds in the event that he, in bad faith, liquidates it or stops its activity before the end of its term, or before achieving the purpose of its establishment, and also if it is proven that he did not separate between his financial liability and the financial liability of the company as to damage others who had good faith.

he is also asked about his own money in the event that he committed an illegal act, fraud, or some kind of scam that caused harm to others or did not disclose the individual character of the company in the company's papers and publications.

however, the legislator specified the minimum capital for a single person company at 100 dinars only and did not specify the upper limit for the number of companies that a natural or legal person can establish.

this is why we recommend increasing this minimum capital for a one-person company and determining the number of companies that a person can establish in order to preserve the general guarantee for creditors.

we have also recommended that the one-person company’s capital owner provide an insurance policy similar to what was stipulated in the professional company to cover damages resulting from the company's manager’s mistakes or his violation of the law or the company contract, and the obligation of appointing an auditor independent of the owner of the capital of the one-person company.