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Author : 趙惠妙
Publisher : Cambridge University Press
Page : 351 pages
File Size : 47,10 MB
Release : 2020-01-02
Category : Business & Economics
ISBN : 1108496652
Discusses the nature, extent and appropriateness of government intervention in the bankruptcy of listed companies in China.
Author : 趙惠妙
Publisher :
Page : 344 pages
File Size : 21,29 MB
Release : 2015
Category : Bankruptcy
ISBN :
Author : Zhao Huimiao
Publisher :
Page : 46 pages
File Size : 26,19 MB
Release : 2016
Category :
ISBN :
Government intervention in the bankruptcy reorganisation of listed companies in China constitutes a major obstacle to implement the Enterprise Bankruptcy Law of the People's Republic of China which was enacted in 2006 (2006 EBL). The 2006 EBL improves upon its predecessor legislation -- the 1986 EBL, which granted extensive powers to the Chinese government for its administrative control over the bankruptcy of enterprises, mainly state-owned enterprises. A new administrator mechanism has been established to replace the old liquidation group; the power of the creditors' meeting has been strengthened and the creditors' committee has been established in the 2006 EBL to better protect the interests of the creditors, which was intentionally ignored under the 1986 EBL; the people's court obtained more powers in confirming the reorganisation plans by using its cramdown power and controlling the bankruptcy proceedings under the 2006 EBL. One of the goals of the lawmakers to improve these bankruptcy institutions is to reduce the government intervention in China and protect the interests of stakeholders. However, government intervention in fact renders these bankruptcy institutions weak and cannot function as expected by the lawmakers. This article analyses the negative effects exerted on the these institutions by the government intervention in the bankruptcy reorganisation of listed companies in China and argues that the government should return the powers to the bankruptcy institutions in order to let the bankruptcy system serve a better function in China's market.This article is published in two parts. The first part discusses the negative effects of government intervention on bankruptcy institutions. The second part, appearing in the next issue, analyses the effects of the reorganisation on the listed companies exerted by the government.
Author : Zhao Huimiao
Publisher :
Page : 66 pages
File Size : 43,33 MB
Release : 2016
Category :
ISBN :
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.
Author : Natalie Mrockova
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 23,64 MB
Release : 2021-01-28
Category : Law
ISBN : 1509932453
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.
Author : Wai Yee Wan
Publisher : Bloomsbury Publishing
Page : 379 pages
File Size : 11,50 MB
Release : 2022-07-28
Category : Law
ISBN : 1509952349
This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.
Author : Zinian Zhang
Publisher : Cambridge University Press
Page : 291 pages
File Size : 37,23 MB
Release : 2018-10-11
Category : Business & Economics
ISBN : 1108425003
A comprehensive empirical study of China's corporate reorganization law and its implementation.
Author : Christoph Antons
Publisher : Taylor & Francis
Page : 447 pages
File Size : 49,21 MB
Release : 2016-11-03
Category : Law
ISBN : 1317337409
Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion
Author : Douglas G. Baird
Publisher : Cambridge University Press
Page : 203 pages
File Size : 25,78 MB
Release : 2022-05-26
Category : Law
ISBN : 1316512290
Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.
Author : Juan Chen
Publisher : Springer
Page : 201 pages
File Size : 32,50 MB
Release : 2014-05-12
Category : Law
ISBN : 3642545084
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.