Enforcement Of Corporate And Securities Law China And 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 : Robin Hui Huang
Publisher :
ISBN 13 : 9781316752012
Total Pages : pages
Book Rating : 4.11/5 ( download)

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Download or read book Enforcement of Corporate and Securities Law: China and the World written by Robin Hui Huang and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Wenming Xu
Publisher : Springer Nature
ISBN 13 : 9811909040
Total Pages : 157 pages
Book Rating : 4.47/5 ( download)

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Download or read book The Enforcement of Securities Law in China written by Wenming Xu and published by Springer Nature. This book was released on 2022-03-14 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a law and economic approach to examine the securities law enforcement in China and provides an in-depth empirical analysis on the enforcement inputs and outputs. In contrast to previous studies, it systematically collects a large sample of judicated securities fraud cases and public sanctions as disclosed by the listed companies. The enforcement regime is further divided into the private enforcement exemplified by the civil litigation imitated by harmed investors and public enforcement by sanctions proceedings initiated by public agencies. Academic researchers, policy makers and practitioners, who are interested in the securities market and regulation could find the information provided in this book interesting.

Author : Chen Ding
Publisher : Edward Elgar Publishing
ISBN 13 : 1781004811
Total Pages : 259 pages
Book Rating : 4.14/5 ( download)

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Download or read book Corporate Governance, Enforcement and Financial Development written by Chen Ding and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔDing ChenÕs detailed institutional analysis of the development of the Chinese stock market brings the question of enforcement to centre stage. In doing so, she not only introduces readers to the particularities of the Chinese system; she also sheds new light on conventional debates about the law and economics of corporate governance.Õ Ð Andrew Johnston, University of Sheffield, UK ÔIn this book Dr Ding Chen has made an important theoretical contribution to our understanding of corporate governance in transitional economies and of corporate governance in China especially. Drawing upon the insights of New Institutional Economics theory she examines the interplay between formal and informal enforcement mechanisms relating to corporate governance in China. To support this argument the book breaks new ground by providing a comprehensive examination of enforcement actions in ChinaÕs stock market; her findings are at variance from conclusions found in other research, such as in the law and finance literature. Rather than simply imitating the dominant Anglo-American model of corporate governance, she argues that local conditions will greatly affect the choice of the most appropriate governance models. This has been especially so in China.Õ Ð Roman Tomasic, University of South Australia and Durham Law School, UK This important new book attempts to establish a fresh conceptual framework for the study of corporate governance by employing the new institutional economics of contract enforcement. This framework helps to clarify two critical issues including the role of law in financial development and whether there is an optimal corporate governance model that should be followed by countries attempting to develop their own stock markets. Applying this novel framework, the author conducts a comprehensive study on Chinese corporate governance and discovers that the Chinese stock market has rapidly expanded even in the absence of any effective institutions. She provides a credible explanation to this ÔChina puzzleÕ by arguing that the growth of the stock market is mainly driven by state guarantees, institutional rent seeking by state-owned companies, financial repression and investorsÕ speculation. Indeed, there is probably nowhere better to look than ChinaÕs stock market to assess the limits of the gradualist approach to financial development. As the book explains, the potential efficiency gains that could be created by a healthy, well-functioning stock market have been completely outweighed by the consideration of maintaining the existing political system. This book will appeal to scholars and students of economics and law with an interest in corporate governance, Chinese economic development and new institutional economics.

Author : Jane Fu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126694
Total Pages : 370 pages
Book Rating : 4.96/5 ( download)

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Download or read book Corporate Disclosure and Corporate Governance in China written by Jane Fu and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rapid economic development has focused attention from around the world upon China's corporate governance regime-particularly as, during the past few years, some of China's companies, mainly large, state-owned companies, have been aggressively buying foreign businesses overseas. China's huge capital injection and aggressive foreign investments have raised increasing and deep concerns among the target countries' governments, their business communities, and the global public. It is clearly of great importance that the people's Republic of China's business-partner countries understand corporate governance of many Chinese state-owned companies calls for a closer look at China's corporate governance theory and practice. The corporate disclosure regime plays a critical role in this regard. This timely and highly informative book provides, for the first time, comprehensive research on corporate governance in China, with detailed attention to the formation and reform of its corporate disclosure laws and regulations. Among the many factors analyzed are the following: -the role of the government in the management of state-owned companies; -the legal and regulatory environment; -majority shareholders' infringement of listed companies' interests' -the increasing independence of the boards of directors; -the role of institutional investor; -the shareholding structure; -law enforcement and shareholders' legal actions; -unmonitored insiders' control of corporate affairs; -the external governance structure; and -the absence of fiduciary duty. The author describes the nature of the many breaches of disclosure laws and rules in the two decades or so of the history of China's securities market and the pressures within the relevant government agencies confronting the problem. As a detailed analysis of the Chinese corporate disclosure regime that has emerged during the period of China's economic transition since the 1990's, this incomparable book will be of great interest to legal researchers, policymakers, and legal practitioners working with business investments in China.

Author : Chengwei Liu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041160590
Total Pages : 360 pages
Book Rating : 4.91/5 ( download)

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Download or read book Chinese Company and Securities Law written by Chengwei Liu and published by Kluwer Law International B.V.. This book was released on 2016-01-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: China enjoys the highest level of foreign investment of any country in the world today. Yet, despite substantial liberalization in last decades, investment in China remains tightly circumscribed. For complex reasons stemming from China’s protection of its own internal economy, the government hedges foreign investments, either green field Foreign Direct Investment (FDI) or Mergers and Acquisitions (M&As), with a complex system of laws, regulations and guidelines, bristling with challenges and uncertainties for even the simplest investment or restructurings. This detailed, systematic explanation – by a practicing lawyer with over ten years experience at one of the top law firms in China – provides thorough and up-to-date guidance on the rules and procedures affecting FDI, M&As, and listings in China today. Focusing on such practical matters as key regulations, regulatory requirements, and transactional procedures and structures, the author leads the practitioner through the maze of interconnected national and local authorities, with expert knowledge of when and under what circumstances various rules apply and when they do not as well as practical skills on how to structure a particular deal under current regulations. Included in this superb analysis are detailed descriptions of such factors as the following: • establishment of a new Foreign Invested Enterprise (FIE), including a substantial review of the establishment of both common FIEs (either whole foreign ownership or joint ventures with Chinese parties) and particular FIEs (such as a foreign invested holding company, stock company or partnership); • the cross-border acquisition of a domestic company by foreign investors including the restructuring of existing FIEs by way of domestic re-investment or equity transfer or mergers; • the takeover of a PRC listed company by foreign investors through such ways as a Qualified Foreign Institutional Investor (QFII/RQFII) or strategic investment; • the acquisition of a State-Owned Enterprise (SOE), either listed or non-listed SOE; • the merger control review and national security review involved in an M&A transaction; and • the Initial Public Offering (IPO), follow-on offerings including private placement on Chinese capital market, as well as the issuance of corporate bonds in China. Since the year 2008 when the first edition was published, lots of significant developments were made in regard to the laws and regulations in FDI, M&As and capital market. Such developments and new regulations are given an up-to-date analysis in this second edition. For law firms advising companies on investing in China, or for in-house counsel, this book is without peer as a comprehensive, reliable and easy-to-use resource. At every stage of a project, from the initial business decision to problems arising after successful start-up and during day-to-day operations, it will provide clear, authoritative guidance for years to come.

Author : Pierre-Henri Conac
Publisher : Cambridge University Press
ISBN 13 : 1108577423
Total Pages : 1363 pages
Book Rating : 4.27/5 ( download)

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Download or read book Global Securities Litigation and Enforcement written by Pierre-Henri Conac and published by Cambridge University Press. This book was released on 2019-01-03 with total page 1363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.

Author : Chenxia Shi
Publisher :
ISBN 13 :
Total Pages : 47 pages
Book Rating : 4.51/5 ( download)

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Download or read book Protecting Investors in China through Multiple Regulatory Mechanisms and Effective Enforcement written by Chenxia Shi and published by . This book was released on 2008 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: The brisk pace of globalization coupled with China's entry to the World Trade Organization (WTO) in 2001 has heightened the international competition faced by Chinese securities market players. In turn, that increased competition has catalyzed both regulation and measured liberalization of China's securities markets. Previous company and securities laws lacked effective civil remedies for investors and the right to commence derivative actions. Because the laws were inadequate in that area, investors in China's securities markets (particularly minority investors) were susceptible to market manipulation and fraud and were often left without redress. Recent amendments to Chinese securities law and company law, which are focused on protecting investors, have improved the regulation of the securities markets. But it remains to be seen whether improved legislation will change practices, as law enforcement has been a long-standing concern in China.This Article investigates the regulatory and enforcement issues confronting listed companies and stock exchanges in China. Part II traces the history of the current regulatory frameworks for listed companies and stock exchanges. Part III identifies flaws in the regulation of listed companies and stock exchanges caused by the China Securities Regulatory Commission's (CSRC) tight control. Part IV discusses enforcement issues affecting regulators and investors. Part V proposes reforms for regulation that provides effective investor protection.

Author : Yong Kang
Publisher : Rand Corporation
ISBN 13 : 083304611X
Total Pages : 62 pages
Book Rating : 4.16/5 ( download)

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Download or read book Chinese Corporate Governance written by Yong Kang and published by Rand Corporation. This book was released on 2008 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China has aligned itself more closely with the international economy, it has also sought to adopt more Western-style corporate governance mechanisms. This report provides an overview of overview of corporate governance mechanisms in China, as well as an examination of continuing challenges and policy implications.

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.