Download or read book The Enforcement of Securities Law in China written by Wenming Xu and published by Springer Nature. This book was released on 2022-03-14 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a law and economic approach to examine the securities law enforcement in China and provides an in-depth empirical analysis on the enforcement inputs and outputs. In contrast to previous studies, it systematically collects a large sample of judicated securities fraud cases and public sanctions as disclosed by the listed companies. The enforcement regime is further divided into the private enforcement exemplified by the civil litigation imitated by harmed investors and public enforcement by sanctions proceedings initiated by public agencies. Academic researchers, policy makers and practitioners, who are interested in the securities market and regulation could find the information provided in this book interesting.
Download or read book Enforcement of Corporate and Securities Law written by Robin Hui Huang and published by Cambridge University Press. This book was released on 2017-09-28 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.
Download or read book Enforcement of Corporate and Securities Law China and the World written by Robin Hui Huang and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Securities Markets written by Hui Huang and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first detailed analysis of Chinaands insider trading law, explaining what constitutes insider trading in China and what the consequences of unlawful insider trading might be there. More importantly, it suggests ways in which the law might more effectively prevent the occurrence of insider trading in the first place. Among the elements of the legal framework addressed by the author are the following: and Who benefits from insider trading and The issue of when information becomes public and A comparative law treatment of the underlying theories of insider trading liability and Private civil liability and Damage caps and Measures of recovery The authorands approach focuses on Chinaands readiness to adopt foreign ideas without adequately assimilating them into the local context. In this connection, he sets out valuable reform proposals, using authority from field interviews with Chinese stakeholders as well as from comparative case law.
Download or read book Understanding Public Enforcement of Securities Law in China written by Wenming Xu and published by . This book was released on 2019 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the public enforcement (PE) of securities law in China. We exploit the external positive shock to enforcement intensity due to the reform decentralizing the authority to impose administrative sanctions (AS) and show that shares in the pilot project experience statistically significant, but economically insignificant, abnormal returns (AR). Furthermore, we examine the market reactions to PE actions against informational misconduct and find that shares receiving AS suffer an average AR of approximately -12.03% over the (-1,5) event window, whereas those receiving non-AS experience economically insignificant AR. Next, we investigate the impacts of PE actions on the external debt financing, and show a significant decrease in external debt financing associated with firms receiving AS compared to those receiving non-AS. Finally, for the subsample of shares sanctioned by ROs, we find that firm size significantly reduces the likelihood of receiving AS, but neither governmental ownership nor political participation matters.
Download or read book Chinese Company and Securities Law written by Chengwei Liu and published by Kluwer Law International B.V.. This book was released on 2016-01-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: China enjoys the highest level of foreign investment of any country in the world today. Yet, despite substantial liberalization in last decades, investment in China remains tightly circumscribed. For complex reasons stemming from China’s protection of its own internal economy, the government hedges foreign investments, either green field Foreign Direct Investment (FDI) or Mergers and Acquisitions (M&As), with a complex system of laws, regulations and guidelines, bristling with challenges and uncertainties for even the simplest investment or restructurings. This detailed, systematic explanation – by a practicing lawyer with over ten years experience at one of the top law firms in China – provides thorough and up-to-date guidance on the rules and procedures affecting FDI, M&As, and listings in China today. Focusing on such practical matters as key regulations, regulatory requirements, and transactional procedures and structures, the author leads the practitioner through the maze of interconnected national and local authorities, with expert knowledge of when and under what circumstances various rules apply and when they do not as well as practical skills on how to structure a particular deal under current regulations. Included in this superb analysis are detailed descriptions of such factors as the following: • establishment of a new Foreign Invested Enterprise (FIE), including a substantial review of the establishment of both common FIEs (either whole foreign ownership or joint ventures with Chinese parties) and particular FIEs (such as a foreign invested holding company, stock company or partnership); • the cross-border acquisition of a domestic company by foreign investors including the restructuring of existing FIEs by way of domestic re-investment or equity transfer or mergers; • the takeover of a PRC listed company by foreign investors through such ways as a Qualified Foreign Institutional Investor (QFII/RQFII) or strategic investment; • the acquisition of a State-Owned Enterprise (SOE), either listed or non-listed SOE; • the merger control review and national security review involved in an M&A transaction; and • the Initial Public Offering (IPO), follow-on offerings including private placement on Chinese capital market, as well as the issuance of corporate bonds in China. Since the year 2008 when the first edition was published, lots of significant developments were made in regard to the laws and regulations in FDI, M&As and capital market. Such developments and new regulations are given an up-to-date analysis in this second edition. For law firms advising companies on investing in China, or for in-house counsel, this book is without peer as a comprehensive, reliable and easy-to-use resource. At every stage of a project, from the initial business decision to problems arising after successful start-up and during day-to-day operations, it will provide clear, authoritative guidance for years to come.
Download or read book Legal Regulation of China s Securities Markets written by Tianshu Zhou and published by . This book was released on 2014 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private enforcement of securities law work in China? Does it have any advantages, when it is compared with other regulatory mechanisms, e.g. public enforcement and self-regulation? This article critically discusses these questions. Firstly, by some case studies, it exploits recent development of private enforcement of securities law in three different dimensions: enhanced judicial independence, enhanced professional and discretionary abilities, and technological enhancement of judicial practice. Secondly, by comparing with self-regulation regime, it generates the competing advantages of the private enforcement of securities law in the Chinese context.
Download or read book The Regulation of Securities Markets in China written by Weiping He and published by Springer. This book was released on 2018-02-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of China’s contemporary securities markets regulatory system, with a focus on regulation in practice. Examining the roles of both the China Securities Regulatory Commission and local governments, He argues that the government has built and developed markets from scratch to address the needs of the state and the economy at large. This book describes the workings of national and sub-national securities markets, and such a comprehensive approach gives insight into the ability of state regulation to guide a financial system. This book also provides a unique practical perspective, explaining of the dynamics of regulation in relation to the operation of the Chinese political system. Finally, it incorporates original empirical studies, including semi-structured interviews of professionals and a survey of retail investors. This book is an unparalleled resource for anyone interested in the regulation of securities markets, as well as finance in China in general.
Download or read book Securities Regulation in China written by Sanzhu Zhu and published by Brill Nijhoff. This book was released on 2000 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A co-publication with Simmonds and Hill In this important study, Dr. Zhu Sanzhu offers a thorough account of the tortuous passage of China from an experimental securities market, subject to regional and local or ministerial regulation, to a full-fledged national securities law. China has conducted its securities experiments within a limited private and quasi-private sector, not linking them, as has been true in Central and Eastern Europe, to the rapid privatisation of the instruments and means of production. The capital markets in China are, for certain actors in the economy, a test of economic performance, economic efficiency, and public confidence. Dr Zhu also provides a translation of the Securities Law of the People's Republic of China along with a glossary of Chinese terms. This volume is an essential resource for all those engaging in business with China or studying the integration of the Chinese economy into the world community. Published under the Transnational Publishers imprint.
Download or read book Corporate Governance Enforcement and Financial Development written by Chen Ding and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔDing ChenÕs detailed institutional analysis of the development of the Chinese stock market brings the question of enforcement to centre stage. In doing so, she not only introduces readers to the particularities of the Chinese system; she also sheds new light on conventional debates about the law and economics of corporate governance.Õ Ð Andrew Johnston, University of Sheffield, UK ÔIn this book Dr Ding Chen has made an important theoretical contribution to our understanding of corporate governance in transitional economies and of corporate governance in China especially. Drawing upon the insights of New Institutional Economics theory she examines the interplay between formal and informal enforcement mechanisms relating to corporate governance in China. To support this argument the book breaks new ground by providing a comprehensive examination of enforcement actions in ChinaÕs stock market; her findings are at variance from conclusions found in other research, such as in the law and finance literature. Rather than simply imitating the dominant Anglo-American model of corporate governance, she argues that local conditions will greatly affect the choice of the most appropriate governance models. This has been especially so in China.Õ Ð Roman Tomasic, University of South Australia and Durham Law School, UK This important new book attempts to establish a fresh conceptual framework for the study of corporate governance by employing the new institutional economics of contract enforcement. This framework helps to clarify two critical issues including the role of law in financial development and whether there is an optimal corporate governance model that should be followed by countries attempting to develop their own stock markets. Applying this novel framework, the author conducts a comprehensive study on Chinese corporate governance and discovers that the Chinese stock market has rapidly expanded even in the absence of any effective institutions. She provides a credible explanation to this ÔChina puzzleÕ by arguing that the growth of the stock market is mainly driven by state guarantees, institutional rent seeking by state-owned companies, financial repression and investorsÕ speculation. Indeed, there is probably nowhere better to look than ChinaÕs stock market to assess the limits of the gradualist approach to financial development. As the book explains, the potential efficiency gains that could be created by a healthy, well-functioning stock market have been completely outweighed by the consideration of maintaining the existing political system. This book will appeal to scholars and students of economics and law with an interest in corporate governance, Chinese economic development and new institutional economics.
Download or read book Protecting Investors in China through Multiple Regulatory Mechanisms and Effective Enforcement written by Chenxia Shi and published by . This book was released on 2008 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: The brisk pace of globalization coupled with China's entry to the World Trade Organization (WTO) in 2001 has heightened the international competition faced by Chinese securities market players. In turn, that increased competition has catalyzed both regulation and measured liberalization of China's securities markets. Previous company and securities laws lacked effective civil remedies for investors and the right to commence derivative actions. Because the laws were inadequate in that area, investors in China's securities markets (particularly minority investors) were susceptible to market manipulation and fraud and were often left without redress. Recent amendments to Chinese securities law and company law, which are focused on protecting investors, have improved the regulation of the securities markets. But it remains to be seen whether improved legislation will change practices, as law enforcement has been a long-standing concern in China.This Article investigates the regulatory and enforcement issues confronting listed companies and stock exchanges in China. Part II traces the history of the current regulatory frameworks for listed companies and stock exchanges. Part III identifies flaws in the regulation of listed companies and stock exchanges caused by the China Securities Regulatory Commission's (CSRC) tight control. Part IV discusses enforcement issues affecting regulators and investors. Part V proposes reforms for regulation that provides effective investor protection.
Download or read book People s Republic of China written by International Monetary Fund and published by International Monetary Fund. This book was released on 2012-04-05 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses a detailed assessment report on the observance of China’s compliance with the International Organization of Securities Commission's objectives and principles of securities regulation. The reform of nontradable shares introduced a market-based pricing system for so-called nontradable shares in listed companies closely held by government and semigovernment authorities. The China Securities Regulatory Commission has the ability to share public and nonpublic information with both domestic and foreign counterparts without other external process, for the purpose of performing regulatory and supervisory functions.
Download or read book Global Securities Litigation and Enforcement written by Pierre-Henri Conac and published by Cambridge University Press. This book was released on 2019-01-03 with total page 1363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.
Download or read book Corporate Disclosure and Corporate Governance in China written by Jane Fu and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rapid economic development has focused attention from around the world upon China's corporate governance regime-particularly as, during the past few years, some of China's companies, mainly large, state-owned companies, have been aggressively buying foreign businesses overseas. China's huge capital injection and aggressive foreign investments have raised increasing and deep concerns among the target countries' governments, their business communities, and the global public. It is clearly of great importance that the people's Republic of China's business-partner countries understand corporate governance of many Chinese state-owned companies calls for a closer look at China's corporate governance theory and practice. The corporate disclosure regime plays a critical role in this regard. This timely and highly informative book provides, for the first time, comprehensive research on corporate governance in China, with detailed attention to the formation and reform of its corporate disclosure laws and regulations. Among the many factors analyzed are the following: -the role of the government in the management of state-owned companies; -the legal and regulatory environment; -majority shareholders' infringement of listed companies' interests' -the increasing independence of the boards of directors; -the role of institutional investor; -the shareholding structure; -law enforcement and shareholders' legal actions; -unmonitored insiders' control of corporate affairs; -the external governance structure; and -the absence of fiduciary duty. The author describes the nature of the many breaches of disclosure laws and rules in the two decades or so of the history of China's securities market and the pressures within the relevant government agencies confronting the problem. As a detailed analysis of the Chinese corporate disclosure regime that has emerged during the period of China's economic transition since the 1990's, this incomparable book will be of great interest to legal researchers, policymakers, and legal practitioners working with business investments in China.
Download or read book Securities Markets and Corporate Governance written by Yuwa Wei and published by Routledge. This book was released on 2016-04-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the rationalities and functions of securities markets and takeover activities. Focusing on the Chinese experience of utilizing the securities market as an effective mechanism of corporate control, this volume analyses the future development of China's financial market in the era of economic globalization. Providing an overview of the historical development of the securities market and a literature review of the economic functions of stock markets, Securities Markets and Corporate Governance also examines the legal regimes governing securities markets and takeovers in some leading corporate economies including the US, Germany, Japan and the UK. This volume then focuses on the Chinese experience, proposing a model which balances internal corporate governance and external market control for China.
Download or read book written by China and published by . This book was released on 2001 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本书以英汉对照形式收入了由全国人大常委会通过并发布的《中华人民共和国证券法》。
Download or read book The Protection of Minority Shareholders under the new Company Law of the People s Republic of China written by Ludwig Hetzel and published by GRIN Verlag. This book was released on 2009-08-17 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2009 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: B+, Tsinghua University, language: English, abstract: The Company Law of the People’s Republic of China was revised in the year 2005. This paper analyses the protection of the minority shareholders under the new law.
