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Book China s New Enterprise Bankruptcy Law

Download or read book China s New Enterprise Bankruptcy Law written by Yongqian Xu and published by Routledge. This book was released on 2016-05-23 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Bankruptcy Reorganization of Listed Companies with Chinese Characteristics

Download or read book Bankruptcy Reorganization of Listed Companies with Chinese Characteristics written by Zhao Huimiao and published by . This book was released on 2016 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Corporate Reorganisations in China

Download or read book Corporate Reorganisations in China written by Zinian Zhang and published by Cambridge University Press. This book was released on 2018-10-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive empirical study of China's corporate reorganization law and its implementation.

Book Corporate Reorganisations in China

Download or read book Corporate Reorganisations in China written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the developments and challenges of China's new corporate reorganization law, which is enshrined in the newly-enacted PRC Enterprise Bankruptcy Law 2006. In particular, it sheds light on the difficulties of commencing formal corporate reorganisation procedures, alternative control models and formulating reorganisation plans under the new law in China.This paper investigates the corporate reorganization of the Chinese public companies listed on its Shanghai and Shenzhen Stock Exchanges, which took place between 1 June 2007 and 31 December 2013. These cases arose within the corporate reorganization regime enshrined in China's newly enacted Enterprise Bankruptcy Law 2006 (The EBL 2006). By examining forty-three listed company reorganizations, this paper challenges the assertion made in most of these corporate reorganization plans that the major beneficiaries of such reorganizations are the company's creditors, employees and general public shareholders. Through an analysis of the statistics derived from these company reorganization plans, annual reports, public notices and the media reports, this research found that creditors, employees and general public shareholders do not actually benefit much from such corporate reorganizations on the following grounds.First, the data suggests that creditors, especially unsecured creditors could have received 62.90% more if the fundamental value distribution principle - the absolute priority norm, which makes creditors be paid before shareholders - was complied with; second, on average 77.29% of employees lost jobs during and before reorganization; and third, substantial losses were incurred by general public shareholders, as they had to give up part of their shares under these reorganization plans, 85.37% of 6 them could have been avoided if the general-public-shareholder-protection scheme issued by China's Supreme People Court was rigorously applied.This paper concludes that instead of maximizing the interests of creditors, employees and general public shareholders, most of listed company reorganizations in China seemed to mainly benefit local government, controlling shareholders and strategic investors. This paper suggests that only by stringently applying basic insolvency value distribution norms and by improving transparency will the reorganization procedure involving China's listed companies be strengthened so as to ensure greater legal certainty for their stakeholders.

Book Government Intervention in the Reorganisation of Listed Companies in China

Download or read book Government Intervention in the Reorganisation of Listed Companies in China written by 趙惠妙 and published by Cambridge University Press. This book was released on 2020-01-02 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature, extent and appropriateness of government intervention in the bankruptcy of listed companies in China.

Book Lame Duck Bankruptcy Institutions Under Government Intervention in Reorganisation of Listed Companies in China  Part I

Download or read book Lame Duck Bankruptcy Institutions Under Government Intervention in Reorganisation of Listed Companies in China Part I written by Zhao Huimiao and published by . This book was released on 2016 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Corporate Bankruptcy Law in China

Download or read book Corporate Bankruptcy Law in China written by Natalie Mrockova and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Resolving China   s Corporate Debt Problem

Download or read book Resolving China s Corporate Debt Problem written by Wojciech Maliszewski and published by International Monetary Fund. This book was released on 2016-10-14 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book China s New Enterprise Bankruptcy Law

Download or read book China s New Enterprise Bankruptcy Law written by Yongqian Xu and published by Routledge. This book was released on 2016-05-23 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Doing Business 2020

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

Book Research Handbook on Corporate Restructuring

Download or read book Research Handbook on Corporate Restructuring written by Omar, Paul J. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Tax Administration Reform in China

Download or read book Tax Administration Reform in China written by John Brondolo and published by International Monetary Fund. This book was released on 2016-03-17 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax administration improvements have contributed significantly to a doubling of China’s tax-to-GDP ratio and the substantial reduction in taxpayers’ compliance costs since the mid-1990s. This paper describes the key features of China’s tax administration and their evolution over the last 20 years. It also identifes emerging challenges to the tax system and areas where further tax administration improvements are needed to sustain tax revenue and reduce taxpayers’ compliance costs in the future.

Book China Law Deskbook

Download or read book China Law Deskbook written by James M. Zimmerman and published by American Bar Association. This book was released on 2005 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The PRC Enterprise Bankruptcy Law

Download or read book The PRC Enterprise Bankruptcy Law written by Deryck A. Palmer and published by Beard Books. This book was released on 2009 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.