Gazette Case: One-person company veil piercing and burden of proof

Gazette Case: Ying Gaofeng v. Jiameide (Shanghai) Trading Co., Ltd. and Chen Huimei

In veil-piercing litigation involving a one-person company, when the creditor relies on shareholder-company asset commingling, the shareholder bears the burden of proving separation. Whether commingling exists should be assessed through the independence of the financial system, clarity of payments, and operational independence; if the shareholder carries that burden, joint liability should not be imposed automatically.

Holding

In veil-piercing litigation involving a one-person company, when the creditor relies on shareholder-company asset commingling, the shareholder bears the burden of proving separation. Whether commingling exists should be assessed through the independence of the financial system, clarity of payments, and operational independence; if the shareholder carries that burden, joint liability should not be imposed automatically.

Issues

one-person limited liability companyburden of proof for asset comminglingshareholder joint liability