Comparative Study of Single Member Company in Iranian Law and European Union with a Look at New Trade Bill 2012

To establish company by one person named as " One-person company" or "Single-member company", although it is laid down at the Twelfth Directive of European Council and its subsequent amendments and Trade Bill passed in 2012, but neither Directive nor Trade Bill contains comprehensive rules about manners of decision-making, management and control of the company, contracts between companies and single member and how to prevent abuse of the company by the single member. This article by comparative method has tried to study the relationship between the company and the partnership and their distinction and present proposals to complete Trade Bill by analysis of single member company advantages and disadvantages with descriptive and analytical research method. Considering of single member company shows the current legal system in Iran, acceptance of this company more than anything else, requires the definition of a business enterprise in business law in a manner that represents discretion with the concept of partnership. Approval of company formation with one person without comprehensive rules about manners of decision-making, management and control of the company, contracts between companies and single member cause abusing of the company by the single member. So based on surveys conducted in this paper suggestions are presented to complete the trade bill.