Derivative Actions And Corporate Governance In China

Author : Jingchen Zhao
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719110
Total Pages : 293 pages
Book Rating : 4.11/5 ( download)

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Download or read book Derivative Actions and Corporate Governance in China written by Jingchen Zhao and published by Edward Elgar Publishing. This book was released on 2022-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines corporate governance rules in China, and highlights the deficiencies in current company law, with the purpose of arguing for a more effective derivative action mechanism, for the benefit of shareholders and their companies.

Author : Qingxiu Bu
Publisher : Springer Verlag
ISBN 13 : 9783642355295
Total Pages : 300 pages
Book Rating : 4.93/5 ( download)

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Download or read book Corporate Governance in China written by Qingxiu Bu and published by Springer Verlag. This book was released on 2014-02-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining derivative action, which enables shareholders to gain redress for wrongs done to their company and deters breaches of directors' fiduciary duties, this book considers the use of such measures in China, which lacks adequate corporate governance tools.

Author : Bu Qingxiu
Publisher : Springer
ISBN 13 : 9783642355318
Total Pages : 300 pages
Book Rating : 4.15/5 ( download)

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Download or read book Corporate Governance in China written by Bu Qingxiu and published by Springer. This book was released on 2016-05-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the derivative action, an important corporate governance tool which is commonly considered to serve two basic functions, i.e., enabling shareholders to gain redress for a wrong done to their company and deterring potential breaches of directors’ fiduciary duties. This book critically examines the derivative action from theoretical, evolutionary, and comparative perspectives. It considers how controversial issues such as locus standi, demand requirements, indemnity cost orders, information asymmetry and res judicata are approached in selected civil law countries as well as throughout the Commonwealth. The book also assesses whether derivative litigation could fulfill a similar role in China, which is one of the most rapidly developing economies in the world, yet lacks adequate corporate governance mechanisms. The ultimate aim discussed in the book is how to establish a remedial mechanism which makes derivative actions more accessible and consistent, while maintaining the balance between corporate efficiency and protecting minority shareholders’ interests. Lastly, based on different approaches in the latest reforming infrastructure, it explores whether there is a general converging trend for derivative actions between the two major legal systems.

Author : Shaowei Lin
Publisher :
ISBN 13 : 9789041159885
Total Pages : 0 pages
Book Rating : 4.86/5 ( download)

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Download or read book Derivative Actions in Chinese Company Law written by Shaowei Lin and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derivative actions, which allow individual shareholders to sue controlling shareholders and managers on behalf of the company, are designed to deter and combat mismanagement. However, the need to balance the interests of minority shareholders and corporate efficiency in a countryè^--s company law demands legal crafting that is both of a high order and responsive to the countryè^--s distinctive character, and solutions in this respect are quite different across jurisdictions. China, the second-largest economy in the world today, therefore merits special consideration.

Author : Xiaoning Li
Publisher : Kluwer Law International
ISBN 13 : 9789041126351
Total Pages : 0 pages
Book Rating : 4.5X/5 ( download)

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Download or read book A Comparative Study of Shareholders' Derivative Actions written by Xiaoning Li and published by Kluwer Law International. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book shareholders' derivative actions in England, The US, Germany and China are being compared. Western countries among themselves take differing approaches towards derivative action in practice, including its very role and the mechanisms for regulating it. As far as the function of derivative action is concerned, The author concludes that (1) derivative actions play different roles in all these countries; (2) their function may vary according To The agency problems to be solved and the type and size of the companies involved; (3) derivative action is only one method in a comprehensive system of corporate governance. Comparative study shows that the issue of how to strike a balance between corporate efficiency and protection For The company and its minority shareholders is key in derivative actions.

Author : Dan W. Puchniak
Publisher : Cambridge University Press
ISBN 13 : 1139510592
Total Pages : 477 pages
Book Rating : 4.92/5 ( download)

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Download or read book The Derivative Action in Asia written by Dan W. Puchniak and published by Cambridge University Press. This book was released on 2012-06-28 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.

Author : Robin Hui Huang
Publisher : Cambridge University Press
ISBN 13 : 1316738507
Total Pages : 553 pages
Book Rating : 4.04/5 ( download)

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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.

Author : Curtis Milhaupt
Publisher : Routledge
ISBN 13 : 1134106165
Total Pages : 347 pages
Book Rating : 4.65/5 ( download)

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Download or read book Transforming Corporate Governance in East Asia written by Curtis Milhaupt and published by Routledge. This book was released on 2008-06-18 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pt. 1. Japan -- pt. 2. Korea -- pt. 3. Greater China (the Mainland and Taiwan) -- pt. 4. Analysis and commentary.

Author : Bo Gong
Publisher : Routledge
ISBN 13 : 113601568X
Total Pages : 308 pages
Book Rating : 4.87/5 ( download)

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Download or read book Understanding Institutional Shareholder Activism written by Bo Gong and published by Routledge. This book was released on 2013-12-13 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutional shareholder participation has long been considered as vital to good corporate governance yet its potential does not seem to have been realized. The recent banking crisis exposed the passivity of some institutional shareholders, many of whom appear to have chosen to sell their stakes in the banks rather than intervene or challenge the board when they realized the strategies followed by the banks were excessively risky. Institutional shareholders’ role to scrutinize and monitor the decisions of boards and executive management in the banking sector in the UK is considered by many to be a failure, resulting in the phenomenon of ‘ownerless corporations’, as described by Lord Myners. In China, despite the fast rising of institutional investment in the securities market, institutional shareholders have not yet played a contributory role in monitoring corporate managers in listed companies. Drawing on empirical evidence this book seeks to systematically analyses institutional shareholders’ incentives to activism to explain when and why shareholder activism will occur. The book puts forward a model which explains the factors that determine institutional shareholders’ propensity for activism. The model both elaborates the collective benefits of activism as a means of achieving managerial accountability asks whether and when shareholder activism is rational for any individual shareholder. The book then goes to on to apply these finding to both the UK and China in order to explain the varying levels of shareholder activism in each jurisdiction. The book is the first to take an in-depth look at institutional share-holder activism in China providing prescriptions to promote greater shareholder engagement and exploring the potential it holds for improving corporate governance in the region.

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264035605
Total Pages : 124 pages
Book Rating : 4.07/5 ( download)

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Download or read book Corporate Governance in Emerging Markets Enforcement of Corporate Governance in Asia The Unfinished Agenda written by OECD and published by OECD Publishing. This book was released on 2007-12-06 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication offers a unique snapshot of how corporate governance is being enforced in Asia.