[PDF] Recent Developments In Bankruptcy Law In China eBook

Author :
Publisher : Thomson West; Aspatore
Page : 0 pages
File Size : 32,39 MB
Release : 2010
Category : Bankruptcy
ISBN : 9780314268549

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Recent Developments in Bankruptcy Law in China provides an authoritative, insiders perspective on key strategies for representing and advising bankruptcy clients in Chinas current economic, political, and legal environment. Featuring partners from some of Chinas leading law firms, these experts guide the reader through recent changes in Chinas legal landscape, as they provide a brief history of Chinese bankruptcy law and discuss how filings have changed since the new Enterprise Bankruptcy Law. These top lawyers offer tips on understanding the similarities and differences in Chinese and U.S. bankruptcy law, including how the courts administer the laws, the types of bankruptcies filed, and how best to file involuntary bankruptcies. From understanding new reorganization practices to handling common legal issues for clients, these authors give advice on how to integrate new techniques into current bankruptcy strategies. Additionally, these leaders discuss the ambiguities of the Enterprise Bankruptcy Law and the lack of transparency in Chinas bankruptcy regime. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating bankruptcy law in Chinas current legal climate.

Author : Yongqian Xu
Publisher : Routledge
Page : 372 pages
File Size : 30,14 MB
Release : 2016-05-23
Category : Law
ISBN : 1317167147

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China has recently entered a significant stage in its economic transition with the introduction of a new and seemingly sophisticated bankruptcy law drawing inspiration from mature insolvency systems. However, this new law is likely to face significant challenges within its implementation due to weaknesses in the countries legal and social infrastructure. China's New Enterprise Bankruptcy Law clearly presents the structure of China’s reformed legal bankruptcy system by introducing the framework and analyzing typical cases which have been or are being heard since the new bankruptcy law was operational. Written by Chinese experts with a professional interest and specialist knowledge of insolvency law, this volume serves as an indispensable guide for academics and researchers in the area, as well as practitioners and professionals involved with Chinese business law.

Author : Natalie Mrockova
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 36,10 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.

Author : Emily Lee
Publisher :
Page : 38 pages
File Size : 28,32 MB
Release : 2015
Category :
ISBN :

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The closure of many small and medium enterprises (“SMEs”) following the global financial crisis of 2008 spurred the Chinese government to follow its international counterparts in issuing an economic stimulus package. While it was effective in preventing many financially distressed SMEs from failure by boosting demand for its businesses, in the long run, such SMEs should be rescued through a statutory regime which affords them temporary protection from creditors and provides them an opportunity to restructure their businesses. In so doing, the premature liquidation of SMEs would be prevented and SMEs with viable businesses but in temporary financial difficulties would be given a chance to succeed again. Although China's new Enterprise Bankruptcy Law (“EBL”) has shortcomings, it improves upon its predecessor legislation and, since it is still at an infantile stage of development, is bound for further reform. Despite the EBL's success in bringing Chinese corporate bankruptcy laws in line with international standards, full compliance with the UNCITRAL Model Law on Cross-Border Insolvency and UNCITRAL Legislative Guide on Insolvency Law remains to be seen. In September 2008, the South China Morning Post newspaper reported that the number of [applications for] corporate reorganization and bankruptcy cases had dropped, “leading to widespread speculation there are problems in the law's practical application”. This article examines the implementation of the EBL, critiques key aspects of the EBL, and argues for a comprehensive assessment of the EBL and for bringing the EBL in full compliance with the international standards on cross-border insolvency.

Author : Stacey Steele
Publisher :
Page : 51 pages
File Size : 39,57 MB
Release : 2017
Category :
ISBN :

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Insolvency law in the People's Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese insolvency law since the enactment of the PRC Enterprise Bankruptcy Law in 2007, focusing on the dynamic transformation of insolvency practice, jurisprudence and the profession over the last five years. It also draws on examples from Japan to highlight that China is not alone in relation to a number of contemporary debates and developments in insolvency law. Moreover, the article brings together academic, judicial and practitioner perspectives to examine key contemporary issues in China, including the influence of Chinese courts; the treatment of secured creditors; the professionalization, appointment and remuneration of insolvency practitioners; and reorganizations of listed companies, unlisted real estate companies and unlisted foreign investment enterprises. The article also emphasizes the different rates of development in more sophisticated economic regions such as Shenzhen City and Zhejiang Province from which recent data and case studies are drawn. Finally, the article analyzes China's approach to cross-border insolvencies. Whilst challenges remain, the article evidences China's indigenous and increasingly sophisticated insolvency framework and highlights future innovations including publication of insolvency-related information and the potential for a personal bankruptcy regime.

Author : Charles D. Booth
Publisher :
Page : 0 pages
File Size : 28,26 MB
Release : 2010
Category :
ISBN :

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Both the People's Republic of China and the Socialist Republic of Vietnam are making the transition from a centrally planned economy to a market-based economy. An effective bankruptcy law is an integral part of the institutional framework necessary for this transition. China enacted the Law of the People's Republic of China on Enterprise Bankruptcy on December 2, 1986, and it came into operation on October 1, 1988. On April 9, 1991, the PRC Civil Procedure Law was approved, with Chapter XIX applying to the bankruptcy of non-SOE enterprises with legal person status. The Vietnam Law on Bankruptcy was enacted on December 30, 1993, and took effect on July 1, 1994. These laws did not live up to early expectations and both China and Vietnam proposed new insolvency laws The present article provides an update on the insolvency reform processes in China and Vietnam since mid-2002 and discusses six main areas: the insolvency framework, the scope of the bankruptcy laws, bankruptcy administration, corporate rehabilitation, priorities in distribution and the protection of employees' interests, and cross-border insolvency issues.

Author : Xiaojun Hua
Publisher : Aspatore Books
Page : 0 pages
File Size : 44,72 MB
Release : 2008
Category : Bankruptcy
ISBN : 9780314194619

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Best Practices for Bankruptcy Law in China is an authoritative, insiders perspective on key strategies for representing distressed companies during bankruptcy proceedings in China. Featuring partners from some of Chinas leading law firms, these experts guide the reader through the various steps involved when handling a bankruptcy case, including conducting initial research, filing the bankruptcy petition, navigating the creditors meeting, and developing a plan for the disposal and distribution of assets. These top lawyers reveal their advice on communicating with government agencies, complying with documentation requirements, securing local alliances, and overcoming language barriers. From detailing the history of bankruptcy in China to identifying the elements driving change, these authors offer a comprehensive analysis of how the old bankruptcy laws compare with the new legislation. Additionally, this book discusses the differences between practicing bankruptcy law in China and practicing in Western nations, and forecasts what is in store for Chinas future when it comes to bankruptcies. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this ever-evolving area of law in China.

Author : Qingjiang Kong
Publisher :
Page : 0 pages
File Size : 30,58 MB
Release : 2017
Category : Bank failures
ISBN : 9789462367432

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This is Volume one of a new series on 'New Bank Insolvency Law for China and Europe'. This volume provides a comprehensive analysis of the current Chinese bank insolvency framework, and discusses future developments in the field of Chinese bank insolvency law. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules that govern the recovery and resolution of banks. [Subject: Insolvency Law, Chinese Law, Commercial Law, Banking Law]

Author : OECD
Publisher : OECD Publishing
Page : 284 pages
File Size : 13,46 MB
Release : 2007-11-26
Category :
ISBN : 9264038337

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A conference proceedings that provides a regional and country perspective on Asian insolvency reform, including individual Asian country reports, and reports on broader international trends and developements.

Author : Deryck A. Palmer
Publisher : Beard Books
Page : 454 pages
File Size : 48,40 MB
Release : 2009
Category : Law
ISBN : 1587982978

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The authors provide a systematic review of the Chinese Enterprise Bankruptcy Law's major provisions, from the comparative perspective of the U.S. Bankruptcy Code in particular. They provide not only a nuanced understanding of the law, but also insights and practical recommendations on its meaning and possible application.