This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People�s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory develop
China has traveled a unique road to reach its present economic significance in the world with corporate governance central to political and economic policy. In Understanding Corporate Governance in China, Bob Tricker and Gregg Li look at a variety of companies in China and the challenges they face. Based on in-depth interviews with business leaders, entrepreneurs, auditors, bankers, lawyers, and others closely involved in corporate governance in China, they argue that corporate governance involves more than company law, governance guidelines, and the rules of the stock exchanges and regulatory authorities. Culture and ethics lie at the core of corporate governance. In Chinese business these are still evolving, and business-government relations continue to change. It is vital to understand how business people and officials act in practice in China. They also explain how the regulatory framework of corporate governance in Hong Kong increases the sophistication. As more and more companies based in mainland China are listed on the Hong Kong Stock Exchange and increasingly dominate the Hong Kong market, the business worlds of China and Hong Kong become intertwined and grow together. After a brief introduction to the basic theories of corporate governance and the evolution of corporate governance in China, the book guides the reader through current issues and practices in both mainland China and Hong Kong. Topics like Chinese culture and ethics, the regulatory corporate governance framework in mainland China and Hong Kong, the function and practice of the board of directors in China, and the governance of Chinese companies abroad are covered.
Written by a team of distinguished Chinese practitioners (plus a securities regulator and a law professor), China Company Law Guide offers non-Chinese lawyers and business people a clear, authoritative, and up-to-date guide to the law governing the conduct of business in China today. The treatment emphasizes the practical applications of the law that are encountered on a daily basis, but always in the light of theoretical and jurisprudential underpinnings. The chapters offer a detailed and systematic analysis of such categories and aspects of company law, in the Chinese context, as the following: general rules of incorporation and registration; limited liability companies; companies limited by shares; listing of shares and listed companies; corporate governance; financial accounting and reporting; corporate bonds; mergers and subdivisions; insolvency, dissolution and liquidation; and foreign company's branch and foreign investment holding companies. The book includes the full texts, in both Chinese and English, of the Chinese Company Law and other relevant legislation. Company Law in China will be of immense value to company managers and their support persons, corporate lawyers, and other business, legal, and regulatory professionals concerned with business activity and investment in China. This book was originally published by CCH Asia as the loose-leaf China Company Law Guide This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market.
Written by one of the most distinguished experts on China's economic and business history, China and Capitalism provides a highly original and at the same time clear and readable approach to understanding the development of business in China from 1500 to the 1990s. David Faure then uses the picture he has assembled to shed new light on the strengths and weaknesses of Chinese business today. The book is written to be accessible to people with little background in China or Chinese business practice. Dr Faure describes three phases in the development of Chinese business from the sixteenth to the twentieth century. In the traditional phase, from the sixteenth to the eighteenth century, Chinese business relied on contracts as well as on ritual propriety. In the modernizing phase, from the second half of the nineteenth century to the first half of the twentieth century, Chinese business had to adapt to the introduction of company law and legal standards of accounting. In the contemporary phase, from the middle of the twentieth century to the present day, China emerged from a control economy to a vibrant market by embracing once again the changes introduced in the modernizing phase. General readers, including students and teachers in courses touching on but not primarily devoted to the Chinese experience, will find in this book the most comprehensive account of China's business development in the last five centuries and many insights into the workings of China's modern business scene. Specialist readers will find a highly original approach to the history of business in China.
In China, the thirty-year economic reform reflects the process of moving from planned economy towards market economy. This could be seen From the changes in the 2005 Company Law, which recognizes the owners' property rights and gives more freedoms to them to decide various matters. In this new edition, besides offering a systemic the constitution of companies, the establishment of various companies, role and function of various parties in corporate governance, and corporate financing, Gu Minkang highlights the major changes in the 2005 Company Law, and addresses many new issues such as shareholders' derivative action, American limited liability company, and asset restructuring of listed companies. Another important feature is a comparison between the 1993 Company Law and the 2005 Company Law that will facilitate reading and understanding. This comprehensive and up-to-date presentation of Chinese company law will be of value to all who are involved in business with and in China and their legal advisors, and to students of Chinese company law.
First published in 2006, Understanding Chinese Company Law covers the major topics in the area of company law in this fast-changing country. This third edition has incorporated the discussions on new laws and regulations that have sprung up over the past few years, including the China Company Law Amendment 2013 and the new Hong Kong Companies Ordinance (Cap. 622). In this new edition, besides offering an in-depth study of the 2013 Company Law, Gu Minkang addresses many new issues such as the zero capital system, shareholders’ right to know and right to profits, and a legal person’s human rights. The comparison between the Chinese and Hong Kong company laws is also updated accordingly. This comprehensive and up-to-date presentation of Chinese company law will be of value to all who are involved in business with and in China and their legal advisors, and to students of Chinese company law.
Author Lutz-Christian Wolff of the Chinese University of Hong Kong discusses various aspects of M & A in their practical context, particularly drawing out hidden intricacies and how to deal with them from the viewpoint of foreign investors. The book head-on topics such as due diligence, structuring options, M & A activity by diverse players in various targets, as well as anti-trust, tax and labour issues. Includes comprehensive references and bilingual versions of the most important M & A-related laws and regulations that will turn savvy foreign investors into more astute dealmakers. While the central government has somewhat revamped opaque regulations, Mergers & Acquisitions in China: Law and Practice lends needed clarity by providing a structured introduction to the legal aspects of China's M & A regime.
Understanding the corporation means understanding its legal framework, but until recently the origins and evolution of corporate law have received relatively little attention. The topical chapters featured in this Research Handbook, contributed by leading scholars from around the world, examine the historical development of corporation and business organization law in the Americas, Europe, and Asia from the ancient world to modern times, providing an invaluable resource for both further historical research and scholars seeking the origins of present-day issues.