Download or read book Recent Developments in Bankruptcy Law in China written by and published by Thomson West; Aspatore. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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 384 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.
Download or read book China s New Enterprise Bankruptcy Law A Great Leap Forward But Just How Far written by Emily Lee and published by . This book was released on 2015 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trends and Developments in Chinese Insolvency Law written by Stacey Steele and published by . This book was released on 2017 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Drafting Bankruptcy Laws in Socialist Market Economies written by Charles D. Booth and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Best Practices for Bankruptcy Law in China written by Xiaojun Hua and published by Aspatore Books. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book New Bank Insolvency Law for China and Europe written by Qingjiang Kong and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
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.
Download or read book Corporate Bankruptcy Law in China written by Tereza Natalie Mrockova and published by Hart Publishing. This book was released on 2020 with total page 334 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"--
Download or read book The Insolvency Review written by Donald S. Bernstein and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bankruptcy Law in China written by Shi Kang and published by . This book was released on 2004 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Bankruptcy Law in China written by Jinquan Xiao and published by . This book was released on 2010-09-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Bankruptcy Law in China by Xiao Jinquan explores the practical and historical procedures of China's bankruptcy laws in a manner that even a layperson can understand and appreciate. China is now a key player in the global marketplace, but in order to invest with them, Americans must understand and appreciate their bankruptcy laws. Now, in Principles of Bankruptcy Law in China, famed Chinese attorney Xiao Jinquan explains everything you need to know about the Chinese legal system. Written in layperson's terms, this invaluable guide shows you how to survive and excel in this international market, even as you enhance your competitive strength. Filled with concrete examples and lucid explanations, Principles of Bankruptcy Law is an introduction to a complex system, which can help you maximize any business dealing.
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.
Download or read book Recent Developments in Bankruptcy Law written by and published by . This book was released on 1992 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Cross Border Insolvency Law written by Bob Wessels and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.
