Derivative Actions In Chinese Company Law

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 : 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 : Minkang Gu
Publisher : Hong Kong University Press
ISBN 13 : 9888028626
Total Pages : 407 pages
Book Rating : 4.27/5 ( download)

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Download or read book Understanding Chinese Company Law, Second Edition written by Minkang Gu and published by Hong Kong University Press. This book was released on 2010-07-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 : 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 : 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 : 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 : Gu Minkang
Publisher : Hong Kong University Press
ISBN 13 : 988839052X
Total Pages : 395 pages
Book Rating : 4.26/5 ( download)

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Download or read book Understanding Chinese Company Law, Third Edition written by Gu Minkang and published by Hong Kong University Press. This book was released on 2024-03-28 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jiang Yu Wang
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805733
Total Pages : 407 pages
Book Rating : 4.35/5 ( download)

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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

Author : Ludwig Hetzel
Publisher : GRIN Verlag
ISBN 13 : 3640400348
Total Pages : 16 pages
Book Rating : 4.48/5 ( download)

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Download or read book The Protection of Minority Shareholders under the new Company Law of the People’s Republic of China written by Ludwig Hetzel and published by GRIN Verlag. This book was released on 2009-08-17 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2009 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: B+, Tsinghua University, language: English, abstract: The Company Law of the People’s Republic of China was revised in the year 2005. This paper analyses the protection of the minority shareholders under the new law.