Corporate Bankruptcy Law in China

Corporate Bankruptcy Law in China PDF

Author: Natalie Mrockova

Publisher: Bloomsbury Publishing

Published: 2021-01-28

Total Pages: 384

ISBN-13: 1509932453

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This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.

Court-Supervised Restructuring of Large Distressed Companies in Asia

Court-Supervised Restructuring of Large Distressed Companies in Asia PDF

Author: Wai Yee Wan

Publisher: Bloomsbury Publishing

Published: 2022-07-28

Total Pages: 379

ISBN-13: 1509952349

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This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.

Corporate Reorganisations in China

Corporate Reorganisations in China PDF

Author: Zinian Zhang

Publisher: Cambridge University Press

Published: 2018-10-11

Total Pages: 291

ISBN-13: 1108425003

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A comprehensive empirical study of China's corporate reorganization law and its implementation.

Routledge Handbook of Asian Law

Routledge Handbook of Asian Law PDF

Author: Christoph Antons

Publisher: Taylor & Francis

Published: 2016-11-03

Total Pages: 447

ISBN-13: 1317337409

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Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion

Regulating the Takeover of Chinese Listed Companies

Regulating the Takeover of Chinese Listed Companies PDF

Author: Juan Chen

Publisher: Springer

Published: 2014-05-12

Total Pages: 201

ISBN-13: 3642545084

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This book provides a comprehensive review of the Measures for Administration of Takeover of Chinese Listed Companies (the Chinese takeover law), with emphasis on the differences between the Chinese takeover law and takeover legislation in the UK, the US and Hong Kong. The Chinese M&A market has been booming at an unprecedented rate in recent years; not only domestic investors, but also foreign funds and multinational companies are actively participating on the market. For both market participants and researchers, it is crucial to understand the emerging and transitional aspects of the Chinese economy and its M&A market, and the impacts of those aspects on relevant laws. While there are ongoing academic discussions on the convergence between the Chinese takeover law and its counterparts in the UK, Hong Kong and the US, this book offers a comprehensive discussion of the divergence and focuses on key differences in the transplanted Chinese takeover law.

Research Handbook on Corporate Restructuring

Research Handbook on Corporate Restructuring PDF

Author: Omar, Paul J.

Publisher: Edward Elgar Publishing

Published: 2021-08-27

Total Pages: 584

ISBN-13: 1786437473

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This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

Asian Insolvency Systems: Closing the Implementation Gap

Asian Insolvency Systems: Closing the Implementation Gap PDF

Author: OECD

Publisher: OECD Publishing

Published: 2007-11-26

Total Pages: 284

ISBN-13: 9264038337

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A conference proceedings that provides a regional and country perspective on Asian insolvency reform, including individual Asian country reports, and reports on broader international trends and developements.

China's Industrial Policies and the Global Business Revolution

China's Industrial Policies and the Global Business Revolution PDF

Author: Ling Liu

Publisher: Routledge

Published: 2005-07-05

Total Pages: 209

ISBN-13: 1134253869

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As China has blended market reforms with comprehensive industrial policies, most research has focused on the national government's strategies for economic growth. However, one of the unique characteristics of industrial policy in China is that it involves government intervention at all levels, from the political elite all the way down to village leaders. This book focuses on the domestic appliance industry, and China's three major business groups in this area - Haier, Hisense and Aucma. The Haier Group, in particular, is one of the most successful and competitive enterprises in China and is very well-placed to compete globally as the Chinese economy becomes more integrated with the world trading system. This volume shows how industrial policy is formulated at the national level and implemented at the local level, and examines how local government frequently intervenes in local enterprises' business strategy and management. Of practical importance, this book provides academics, business people and policy makers with valuable insights into the development process and a concrete understanding of the challenges faced in the global business revolution by one of the world's most dynamic economies.