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Securities Dispute Resolution In China

Author: Sanzhu Zhu
Publisher: Routledge
ISBN: 135114958X
Size: 54.65 MB
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Securities Dispute Resolution in China is a comprehensive and detailed study of the increasingly important issue of how cases involving securities are dealt with by Chinese courts, commissions and other administrative authorities and by arbitration and mediation in the PRC. The work identifies the nature and types of securities disputes and the various procedures, including alternative dispute resolution, used to address them. This timely, groundbreaking book is particularly relevant at a time of growing foreign investment in China's securities market. The volume will be an invaluable resource for researchers and practitioners in developed as well as emerging markets.

Chinese Companies And The Hong Kong Stock Market

Author: Flora Xiao Huang
Publisher: Routledge
ISBN: 1134671113
Size: 23.19 MB
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Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.

Corporate Disclosure And Corporate Governance In China

Author: Jane Fu
Publisher: Kluwer Law International
ISBN: 9041126694
Size: 15.31 MB
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Rapid economic development has focused attention from around the world upon China's corporate governance regime-particularly as, during the past few years, some of China's companies, mainly large, state-owned companies, have been aggressively buying foreign businesses overseas. China's huge capital injection and aggressive foreign investments have raised increasing and deep concerns among the target countries' governments, their business communities, and the global public. It is clearly of great importance that the people's Republic of China's business-partner countries understand corporate governance of many Chinese state-owned companies calls for a closer look at China's corporate governance theory and practice. The corporate disclosure regime plays a critical role in this regard. This timely and highly informative book provides, for the first time, comprehensive research on corporate governance in China, with detailed attention to the formation and reform of its corporate disclosure laws and regulations. Among the many factors analyzed are the following: -the role of the government in the management of state-owned companies; -the legal and regulatory environment; -majority shareholders' infringement of listed companies' interests' -the increasing independence of the boards of directors; -the role of institutional investor; -the shareholding structure; -law enforcement and shareholders' legal actions; -unmonitored insiders' control of corporate affairs; -the external governance structure; and -the absence of fiduciary duty. The author describes the nature of the many breaches of disclosure laws and rules in the two decades or so of the history of China's securities market and the pressures within the relevant government agencies confronting the problem. As a detailed analysis of the Chinese corporate disclosure regime that has emerged during the period of China's economic transition since the 1990's, this incomparable book will be of great interest to legal researchers, policymakers, and legal practitioners working with business investments in China.

Enforcement Of Corporate And Securities Law

Author: Robin Hui Huang
Publisher: Cambridge University Press
ISBN: 1107164990
Size: 45.64 MB
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This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.

The Chinese And Indian Corporate Economies

Author: Raj Brown
Publisher: Routledge
ISBN: 1317398319
Size: 74.78 MB
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This is a compelling analysis of the corporate economies of China and India, which are having a huge impact not just on the international economy, but also in the geopolitical and international strategy sphere as a result of an accelerated globalisation by these two countries, which is unleashing powerful economic challenges to corporate structures, economic institutions and law worldwide. The big question is how after centuries of underdevelopment China and now India are emerging powerfully and pulling ahead of Western European economies. Analysing the role of the state and the adroit use of law, and their impact on the corporate evolution of both China and India, provides greater clarity and insight into why China has evolved as a manufacturing nation utilizing cheap abundant labour while India has not exploited such advantages but instead focused on IT and higher value industries, even abroad as Tata has demonstrated in the motor industry in Europe. Again while Chinese corporations have expanded abroad as an arm of the state into Asia, Middle East, Africa, Europe, Latin America and parts of the southern states of the USA, India has pushed principally into Europe through the efforts of powerful minority capitalists of Parsi and Gujerati background, overcoming technological gaps and differences through acquisitions and absorptions of existing corporations in particular industries, especially in steel, automobiles and textiles. In China, state owned corporations have been dominant. In India, though state owned enterprises have been powerful since 1951, it has been private capitalists with an established stronghold since the colonial period and even under the Socialist period from 1951-1991 who have been the more productive main actors both in India and abroad.

Enterprising China

Author: Linda Yueh
Publisher: Oxford University Press
ISBN: 0199205833
Size: 38.54 MB
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This book analyzes the transformation of business development and the 'marketization' of industry in China over the past thirty years within a complex framework of legal, political, and economic reform aims.

China Africa Dispute Settlement

Author: Won Kidane
ISBN: 9789041136749
Size: 76.33 MB
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This book has three fundamental objectives: (1) charting the existing mechanisms of dispute resolution in all aspects of China-Africa economic relations; (2) evaluating the existing mechanisms of dispute resolution in light of the parties' economic and cultural profiles and their evolving legal traditions; and (3) proposing a comprehensive institutional model of dispute resolution that accounts for China and Africa's evolving economic needs and legal cultures.

Law For Foreign Business And Investment In China

Author: Vai Io Lo
Publisher: Routledge
ISBN: 113405372X
Size: 27.29 MB
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In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution. Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts with examples of court decisions; discusses relevant foreign trade and investment polices; and includes a glossary of Chinese terms.

Chinese Company And Securities Law

Author: Chengwei Liu
Publisher: Kluwer Law International
ISBN: 9041126198
Size: 50.24 MB
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China enjoys the highest level of foreign investment of any country in the world today, and is to all appearances intent on maintaining and even increasing that level. Yet, despite substantial liberalisation pursuant to China's WTO commitments, investment in China remains tightly circumscribed. For complex reasons stemming from China's protection of its own internal economy, the government hedges each form of foreign invested enterprise (FIE) with complex rules for qualification and approval. Many sectors of the economy remain fenced off from foreign investors, while investors in other sectors face a gauntlet of regulatory approvals at nearly every important stage of business. The result is a complex system of laws, regulations, and guidelines, bristling with challenges and uncertainties for even the simplest restructurings, that sometimes apply across the board to all FIEs and sometimes only to a particular kind of FIE. This detailed, systematic explanation--by a practising lawyer at one of the biggest law firms in China--provides thorough and up-to-date guidance on the rules and procedures affecting investments, mergers and acquisitions, and listings in China today. Focusing on such practical matters as applications, regulatory requirements, and transactional procedures, the author leads the practitioner through the maze of interconnected national and local authorities, with lucid explanation of the lines drawn as to total investment amount, sector or category of business, industrial compliance, geographic location, and various imposed restrictions, with expert knowledge of when and under what circumstances various rules apply and when they do not. Included in this superb analysis are detailed descriptions of such factors as the following: * establishment of a new FIE, including a substantial review of the articles of association or shareholders' agreement; * the equity or shares transfer in, or merger with or by, an existent FIE; * the cross-border acquisition of a domestic company by foreign investors; * the meaning of the official classifications 'encouraged,' 'permitted,' 'restricted,' and 'prohibited' * enforcement (or enforceability) of certain approvals, depending on context; * permits (e.g., for advertising); * foreign exchange controls; * taxation and accounting matters; * export and import and customs duties; * eligibility for certain preferential treatments; * equity or contractual joint venture with Chinese parties; and * 'controlling' or 'relatively controlling' shareholding of Chinese parties. For law firms advising companies on investing in China, or for in-house counsel, this book is without peer as a comprehensive, reliable, and easy-to-use resource. At every stage of a project, from the initial business decision to problems arising after successful start-up and during day-to-day operations, it will provide clear, authoritative guidance for years to come.