Chinese Business Law

This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author’s experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.

The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide

Thanks to China's place in the world economic system, Chinese law sparks great interest among foreign readers. For practitioners, it is important to keep track of new legal developments which give rise to practical questions, and for business activities to comply with the latest regulatory enactments in China. For academics, the emergence of the Chinese legal system as a rapidly maturing hybrid legal regime, built by adopting models and experiences from other nations, among them the United States and various European countries. presents fascinating possibilities for research and analysis. This handbook of modern Chinese business law provides, in a single volume, an overview of the legal environment in which businesses must currently operate in China, including chapters on: This handbook comprises the following chapters: " China's Accession to the WTO " Corporations and Partnerships " Foreign Investment Law " Securities " Mergers and Acquisitions " Antitrust " Secured transactions " Bankruptcy " Labour Relations and Labour Disputes " Intellectual Property " Outbound Investment from China " Offshore Investment Vehicles This handbook provides an up-to-date, concise and detailed guide to Chinese business law which will be helpful both for practitioners and academics.

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

The Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.

The economic power and influence of The People's Republic of China continues to grow. Accordingly, an appreciation of the commercial environment of China has never been so important. THE CHINESE COMMERCIAL LEGAL SYSTEM provides a valuable insight into significant features of commercial law and culture in China. Written by specialists on Chinese business law from Australia, South-East Asia and China itself, this book addresses the intricacies of Chinese business culture from both perspectives. The distinctiveness of this book lies in its consideration of the historical discussion of China's legal system, exploring the relationship between law, business and culture. The reader can then understand why China has never regarded law as fundamental to its business practice and why it is now rapidly passing laws in order to comply with its obligations under the WTO. The text also attempts to explain why Chinese culture permeates eery facet of commercial life.

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.