A Study of "piercing the Corporate Veil" in Chinese New Company Law and Its Legal Practice in China

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Publisher :
ISBN 13 : 9780494389270
Total Pages : 50 pages
Book Rating : 4.3/5 (892 download)

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Book Synopsis A Study of "piercing the Corporate Veil" in Chinese New Company Law and Its Legal Practice in China by : Yao Cui

Download or read book A Study of "piercing the Corporate Veil" in Chinese New Company Law and Its Legal Practice in China written by Yao Cui and published by . This book was released on 2008 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern company law, the concepts of a separate corporate personality and Limited liability protect shareholders from being liable for unlimited company's debts. This function of modern company law encourages the development of capital economy, however, it also poses a risk of abuse of the granted rights. Most modern company law systems have created the doctrine of "piercing the corporate veil" to avoid this risk of abuse. China formally established the doctrine of "piercing the corporate veil" in Chinese new company law in 2006. This ended the uncertain status of the application of veil-piercing doctrine in Chinese law. This thesis explores the development of the doctrine of "piercing the corporate veil" in Chinese company law and aims to highlight why it is significant to legalize the veil-piercing doctrine in Chinese new company law. The thesis also studies the expressed regulation of the doctrine of "piercing the corporate veil" in Chinese new company law and its current legal practice in China. Accepting the significance of legalizing the doctrine in new law, the thesis critiques the ambiguous scopes or narrow provisions of this new doctrine in legal practice; and also makes some proposals on this issue. The thesis concludes that it is desirable to find a feasible scope of application for the veil-piercing doctrine in China.

Private Law in China and Taiwan

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Publisher : Cambridge University Press
ISBN 13 : 1107154243
Total Pages : 361 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Private Law in China and Taiwan by : Yun-chien Chang

Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Arbitration Law and Practice in China

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142142
Total Pages : 349 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration Law and Practice in China by : Jingzhou Tao

Download or read book Arbitration Law and Practice in China written by Jingzhou Tao and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new rules of the China International Economic and Trade Arbitration Commission (CIETAC) that came into effect on 1 May 2012 are widely recognized as the full commitment of the Chinese government to the international arbitration system. Clarifications of the scope of the Arbitration Law to include contractual disputes, disputes over rights and interests in property, and disputes between legal persons and other organizations, as well as the firm establishment of the arbitration agreement as the sole and exclusive basis for founding the jurisdiction of an arbitral tribunal, greatly allay any residual apprehension on the part of foreign investors. This third edition of a book that has been widely relied upon since 2003 by business people and their counsel with interests in China is the first publication to offer comprehensive and authoritative coverage of the CIETAC Rules 2012. In addition to the matchless features for which earlier editions are so greatly valued – such as in-depth coverage of enforcement of foreign judgements in China and of Chinese judgements elsewhere, measures to overcome local protectionism, effects of China’s most important bilateral investment treaties (BITs), and arbitration-related interpretations of the Supreme People’s Court – the new edition highlights such aspects of the CIETAC Rules 2012 as the following: the new mechanism of consolidation of arbitrations; power to grant interim measures via the forms of procedural orders or interim awards; procedure of suspension of arbitration; conservator measures; interlocutory award and partial award; combining conciliation with arbitration; and expedited process under a new summary procedure. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, abundant legal instruments for quick, direct reference to the relevant law, and an annex with English texts of the most important laws and regulations, this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the Third Edition’s special significance lies in its thorough and timely coverage of the CIETAC Rules 2012. For this reason especially it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. It will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.

Company Law in China

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849805733
Total Pages : 407 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Company Law in China by : Jiang Yu Wang

Download or read book Company Law in China written by Jiang Yu Wang and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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's Banking and Financial Markets

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Publisher : John Wiley & Sons
ISBN 13 : 0470822198
Total Pages : 401 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis China's Banking and Financial Markets by : Li Yang

Download or read book China's Banking and Financial Markets written by Li Yang and published by John Wiley & Sons. This book was released on 2007-04-13 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a very timely book. With the recapitalization and reform of China's banking sector now well under way, the banks are on the brink of a new era of growth and expansion. This work is the definitive reference on the banking sector in China, and is an essential tool for anyone seeking to understand the dynamics of financial intermediation on the Mainland. It sets out the facts, free of the judgment calls that so often cloud the true picture of the health of China's banking system." --Dr. David K.P. Li, Chairman and Chief Executive, The Bank of East Asia, Limited "As China continues its impressive pace of economic growth, the rest of the world is constantly reassessing the opportunities and challenges it presents. This book is the first official report on the status of China's financial services industry and financial markets. For the first time, the international community gets access to the same information that the Chinese government uses in making key policies. Such unique insights make this book an essential read for business leaders, investors, policy makers, scholars, and anyone who is interested in understanding China's profound impact on businesses and consumers globally." --Maurice R. Greenberg, Chairman & CEO, C.V. Starr & Co. "This is the first book that introduces all aspects of the Chinese banking and financial markets to international audiences. From its developmental history to its contemporary challenges, China's banking and finance markets are presented, explored and analyzed with great detail and in great depth. Both the richness of the data and the scholarly strength of the methodology are a milestone. China's increasing participation in global financial markets makes this book a must read for all financial professionals worldwide." --Lefei Liu, Chief Investment Officer, ChinaLife Insurance

The Development of the Chinese Legal System

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Publisher : Routledge
ISBN 13 : 1136872779
Total Pages : 353 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis The Development of the Chinese Legal System by : Guanghua Yu

Download or read book The Development of the Chinese Legal System written by Guanghua Yu and published by Routledge. This book was released on 2010-11-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the Chinese legal system has undergone many reforms and this book brings the literature up to date offering a contemporary account of the law and administration in China. The book covers some of the most pressing issues in Chinese law, including the reform of the banking sector, environmental law, corporate law foreign investment, health care and intellectual property, and looks at both substantive and procedural issues. The volume contains contributions from a number of experts and scholars of Chinese law including Albert Chen, Hualing Fu and Roman Tomasic who analyse the political, economic and social factors affecting the development process of Chinese law. Whilst the book addresses a number of diverse legal areas all the contributions look to explain the factors which led to the development of the law and the consequences of such developments, as well as the progress made by developing legal institutions and the possible obstacles to future development.

Enforcement of Corporate and Securities Law

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Publisher : Cambridge University Press
ISBN 13 : 1316738507
Total Pages : 553 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Enforcement of Corporate and Securities Law by : Robin Hui Huang

Download or read book Enforcement of Corporate and Securities Law written by Robin Hui Huang and published by Cambridge University Press. This book was released on 2017-09-28 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.

The Oxford Handbook of Corporate Law and Governance

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Publisher : Oxford University Press
ISBN 13 : 0198743688
Total Pages : 1217 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Corporate Law and Governance by : Jeffrey Neil Gordon

Download or read book The Oxford Handbook of Corporate Law and Governance written by Jeffrey Neil Gordon and published by Oxford University Press. This book was released on 2018 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.

Chinese Law and Legal Theory

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Publisher : Routledge
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Chinese Law and Legal Theory by : Perry Keller

Download or read book Chinese Law and Legal Theory written by Perry Keller and published by Routledge. This book was released on 2001 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: A selection of articles concerning Chinese Law and Legal Theory which reflects the diversity of contemporary approaches to the study of law in Chinese Society and the high standards of scholarship in this area.

The Puppet Masters

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Publisher : World Bank Publications
ISBN 13 : 0821388967
Total Pages : 230 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis The Puppet Masters by : Emile van der Does de Willebois

Download or read book The Puppet Masters written by Emile van der Does de Willebois and published by World Bank Publications. This book was released on 2011-11-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.

Not-for-Profit Law

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Publisher : Cambridge University Press
ISBN 13 : 1139952714
Total Pages : 425 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Not-for-Profit Law by : Matthew Harding

Download or read book Not-for-Profit Law written by Matthew Harding and published by Cambridge University Press. This book was released on 2014-05-08 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: (1) Politics, in the broader sense of living as a community, and the narrower sense of political power; (2) Charity, how it is defined and changes in its meaning over time; (3) Taxation, including the rationale for government support of the sector through the tax system; (4) Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector.

Company Law and Sustainability

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Publisher : Cambridge University Press
ISBN 13 : 1107043271
Total Pages : 373 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Company Law and Sustainability by : Beate Sjåfjell

Download or read book Company Law and Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-05-21 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.

Related Party Transactions and Corporate Groups

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517050
Total Pages : 294 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Related Party Transactions and Corporate Groups by : Ivan Romashchenko

Download or read book Related Party Transactions and Corporate Groups written by Ivan Romashchenko and published by Kluwer Law International B.V.. This book was released on 2020-03-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.

China's Foreign Investment Law in the New Normal

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Publisher : Taylor & Francis
ISBN 13 : 1000821420
Total Pages : 478 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis China's Foreign Investment Law in the New Normal by : Shen Wei

Download or read book China's Foreign Investment Law in the New Normal written by Shen Wei and published by Taylor & Francis. This book was released on 2022-12-29 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes China's new foreign investment law which came into force in January 2020. The new law implemented sweeping changes and overhauled China’s foreign investment law regime of the last four decades. The foreign investment law aims to make the business environment more investor-friendly and address some of the contentious issues between US and China in the ongoing trade war. The book explains how the law enhances regulatory transparency. It also outlines the new approval process, that is the pre-establishment negative list system which has replaced the former approval system for foreign investment projects. The book also analyzes China's series of anti-sanction laws. This book will help give readers a better understanding of major changes and benefits under the new law and will be the first of its kind looking at the implications of this important law.

Research Handbook on Directors� Duties

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781004412
Total Pages : 372 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Directors� Duties by : Adolfo Paolini

Download or read book Research Handbook on Directors� Duties written by Adolfo Paolini and published by Edward Elgar Publishing. This book was released on 2014-11-28 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: øThe 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world�s major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading

China-Africa Dispute Settlement

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : 571 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China-Africa Dispute Settlement by : Won Kidane

Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

Chinese Courts

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Publisher :
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Chinese Courts by : 信春鹰

Download or read book Chinese Courts written by 信春鹰 and published by . This book was released on 2004 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: