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Bankruptcy Reorganization of Listed Companies with Chinese Characteristics

Author : Zhao Huimiao
Publisher :
Page : 66 pages
File Size : 11,87 MB
Release : 2016
Category :
ISBN :

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The bankruptcy reorganization of listed companies in China matters a lot to the local governments and local economy. Although the Enterprise Bankruptcy Law (the “EBL”) of the People's Republic of China (“PRC”) does not grant many rights to the government in the enterprise bankruptcy, the government intervenes actively into the bankruptcy reorganization of listed companies in practice. There appears a great gap between the reorganization system in the book and its implementation in practice. This paper examines the reorganization of 45 listed companies in China through a detailed case study, analyses the reorganization system of listed companies with Chinese characteristics and critiques that government intervention in the reorganization of listed companies violates the goals of the reorganization system and does not lead to efficient results. The author argues that the government should reduce its intervention in the reorganization of listed companies to let the reorganization system smoothly work.

Government Intervention in the Reorganisation of Listed Companies in China

Author : Huimiao Zhao
Publisher : Cambridge University Press
Page : pages
File Size : 37,25 MB
Release : 2020-01-02
Category : Law
ISBN : 1108752063

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As a comprehensive empirical study on the bankruptcy re-organisations of listed companies in China, this book examines the re-organisation of fifty-three listed companies entering bankruptcy between 2007 and 2018. It features raw data from thousands of public announcements of listed companies, helping to present a precise panorama of bankruptcy law in China. The author discusses the nature, extent and appropriateness of government intervention in bankruptcies of listed companies. It also examines the effects of bankruptcy institutions established by the bankruptcy laws to constrain government intervention. The findings suggest that such laws have been inadequate to prevent government intervention. In fact, the biggest obstacle to the smooth implementation of China's reorganisation system is government intervention, one distinct characteristic of the socialist market economy. The book will have broader relevance in terms of informing the debate concerning the government's continuing intervention in economic activity in China.

Corporate Reorganisations in China

Author : Zinian Zhang
Publisher : Cambridge University Press
Page : 291 pages
File Size : 41,29 MB
Release : 2018-10-11
Category : Business & Economics
ISBN : 1108425003

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A comprehensive empirical study of China's corporate reorganization law and its implementation.

Research Handbook on Corporate Restructuring

Author : Omar, Paul J.
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 24,81 MB
Release : 2021-08-27
Category : Law
ISBN : 1786437473

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This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

Contemporary Issues in Finance and Insolvency Law Volume 1

Author : Leon Trakman
Publisher : Taylor & Francis
Page : 361 pages
File Size : 32,12 MB
Release : 2022-08-17
Category : Law
ISBN : 1000631680

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There is increasing regulatory interdependence amongst Central, East and South East Asian, European and North American financial markets, and these markets account for over one-third of the world’s population and global financial markets. As Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two volumes evaluate international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet largely unregulated developments in financial agreements, particularly the use of close-out netting provisions that serve as significant protective mechanisms prior to the declaration of an insolvency. It discusses international arbitration, data protection and artificial intelligence in crossborder insolvency and restructuring. Finally, the book seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.

Corporate Bankruptcy Law in China

Author : Natalie Mrockova
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 30,8 MB
Release : 2021-01-28
Category : Law
ISBN : 1509932453

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This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.

Resolving China’s Corporate Debt Problem

Author : Wojciech Maliszewski
Publisher : International Monetary Fund
Page : 43 pages
File Size : 17,35 MB
Release : 2016-10-14
Category : Business & Economics
ISBN : 1475545282

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Corporate credit growth in China has been excessive in recent years. This credit boom is related to the large increase in investment after the Global Financial Crisis. Investment efficiency has fallen and the financial performance of corporates has deteriorated steadily, affecting asset quality in financial institutions. The corporate debt problem should be addressed urgently with a comprehensive strategy. Key elements should include identifying companies in financial difficulties, proactively recognizing losses in the financial system, burden sharing, corporate restructuring and governance reform, hardening budget constraints, and facilitating market entry. A proactive strategy would trade off short-term economic pain for larger longer-term gain.

Regulating the Takeover of Chinese Listed Companies

Author : Juan Chen
Publisher : Springer
Page : 201 pages
File Size : 11,40 MB
Release : 2014-05-12
Category : Law
ISBN : 3642545084

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This book provides a comprehensive review of the Measures for Administration of Takeover of Chinese Listed Companies (the Chinese takeover law), with emphasis on the differences between the Chinese takeover law and takeover legislation in the UK, the US and Hong Kong. The Chinese M&A market has been booming at an unprecedented rate in recent years; not only domestic investors, but also foreign funds and multinational companies are actively participating on the market. For both market participants and researchers, it is crucial to understand the emerging and transitional aspects of the Chinese economy and its M&A market, and the impacts of those aspects on relevant laws. While there are ongoing academic discussions on the convergence between the Chinese takeover law and its counterparts in the UK, Hong Kong and the US, this book offers a comprehensive discussion of the divergence and focuses on key differences in the transplanted Chinese takeover law.

Bankruptcy and Reorganization in the Digital Business Era

Author : Özsungur, Fahri
Publisher : IGI Global
Page : 318 pages
File Size : 29,74 MB
Release : 2023-03-13
Category : Law
ISBN : 1668451824

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The arrangement of bankruptcy, which is a critical issue for the debtors whose financial structure has deteriorated, protects the debtors from bankruptcy and enables the creditors to collect their receivables, albeit partially. Although the concordat is intended to protect bona fide debtors and creditors, it can be said that payments not made during the concordat deadlines put the creditors in financial distress and harm the economy at the macro level. In this context, it is necessary to examine the subject in depth to prevent abuse of concordat requests and to obtain better results both legally and financially. Bankruptcy and Reorganization in the Digital Business Era examines the basic structure of the arrangement of bankruptcy within various countries and the evaluation of the financial results of the enterprises that have declared the arrangement of bankruptcy. Covering key topics such as economics, financial distress, risk management, and banking, this premier reference source is ideal for business owners, managers, industry professionals, researchers, scholars, academicians, practitioners, instructors, and students.