Understanding Chinese Company Law Third Edition

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.

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

After ten years, John Bryan Starr has thoroughly revised and updated his classic introduction to the background of, the data about, and the issues at stake in China's present and future. In the new edition, Starr seamlessly weaves in additional material on the 2008 Olympics in Beijing, the Chinese government's ongoing efforts to curb the influence of the Internet, and the intensifying trade disputes between the United States and China. Succinct, modest, and refreshingly forthright, Understanding China remains a necessary guide for the uninitiated to everything from the Chinese economy and political system, to its intellectual freedoms and human rights, to its relationship with the rest of the world.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in China provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.

On October 1, 2009, the People's Republic of China (PRC) celebrated the 60th anniversary of its founding. And what an eventful and tumultuous six decades it had been. During that time, under the leadership of the Chinese Communist Party (CCP), China was transformed from one of the world's poorest countries into the world's fastest growing major economy, and from a weak state barely able to govern or protect its own territory to a rising power that is challenging the United States for global influence. Over those same years, the PRC also experienced the most deadly famine in human history, caused largely by the actions and inactions of its political leaders. Not long after, there was a collapse of government authority that pushed the country to the brink of (and in some places actually into) civil war and anarchy. Today, China is, for the most part, peaceful, prospering, and proud. This is the China that was on display for the world to see during the Beijing Olympics in 2008. The CCP maintains a firm grip on power through a combination of popular support largely based on its recent record of promoting rapid economic growth and harsh repression of political opposition. Yet, the party and country face serious challenges on many fronts, including a slowing economy, environmental desecration, pervasive corruption, extreme inequalities, and a rising tide of social protest. The third edition of Politics in China has been extensively revised, thoroughly updated, and includes a new chapter on the internet and Politics in China. It is an authoritative introduction to how the world's most populous nation and rapidly rising global power is governed today. Written by leading China scholars, the book's chapters offers accessible overviews of major periods in China's modern political history from the mid-nineteenth century to the present, key topics in contemporary Chinese politics, and developments in four important areas located on China's geographic periphery: Tibet, Xinjiang, Hong Kong, and Taiwan.

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.