Derivative Actions And Corporate Governance In China
DOWNLOAD
Download Derivative Actions And Corporate Governance In China PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Derivative Actions And Corporate Governance In China book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Derivative Actions And Corporate Governance In China
DOWNLOAD
Author : Jingchen Zhao
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-06
Derivative Actions And Corporate Governance In China written by Jingchen Zhao and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-06 with Law categories.
This book examines corporate governance rules in China, and highlights the deficiencies in current company law, with the purpose of arguing for a more effective derivative action mechanism, for the benefit of shareholders and their companies.
Corporate Governance In China
DOWNLOAD
Author : Qingxiu Bu
language : en
Publisher: Springer Verlag
Release Date : 2014-02-14
Corporate Governance In China written by Qingxiu Bu and has been published by Springer Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-14 with Law categories.
Examining derivative action, which enables shareholders to gain redress for wrongs done to their company and deters breaches of directors' fiduciary duties, this book considers the use of such measures in China, which lacks adequate corporate governance tools.
The Derivative Action In Asia
DOWNLOAD
Author : Dan W. Puchniak
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
The Derivative Action In Asia written by Dan W. Puchniak and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.
This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.
Corporate Governance In China
DOWNLOAD
Author : Bu Qingxiu
language : en
Publisher: Springer
Release Date : 2016-05-09
Corporate Governance In China written by Bu Qingxiu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-09 with Law categories.
This book considers the derivative action, an important corporate governance tool which is commonly considered to serve two basic functions, i.e., enabling shareholders to gain redress for a wrong done to their company and deterring potential breaches of directors’ fiduciary duties. This book critically examines the derivative action from theoretical, evolutionary, and comparative perspectives. It considers how controversial issues such as locus standi, demand requirements, indemnity cost orders, information asymmetry and res judicata are approached in selected civil law countries as well as throughout the Commonwealth. The book also assesses whether derivative litigation could fulfill a similar role in China, which is one of the most rapidly developing economies in the world, yet lacks adequate corporate governance mechanisms. The ultimate aim discussed in the book is how to establish a remedial mechanism which makes derivative actions more accessible and consistent, while maintaining the balance between corporate efficiency and protecting minority shareholders’ interests. Lastly, based on different approaches in the latest reforming infrastructure, it explores whether there is a general converging trend for derivative actions between the two major legal systems.
The Derivative Action And Good Corporate Governance In China
DOWNLOAD
Author : Zhong Zhang
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2011-04
The Derivative Action And Good Corporate Governance In China written by Zhong Zhang and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04 with categories.
Good corporate governance is crucial for the long- term success of Chinese economy. To achieve good corporate governance, legal liability is essential, because only legal liability can deter serious managerial misbehavior. Legal liability comes from both public and private enforcement of law, but public enforcement of law has various limitations. In private enforcement of law, the derivative action is preferable to the securities class action, not just because the later is unrealistic in China. For the derivative action to become a reality, appropriate legal rules should be in place. The traditional common law is problematic. The strategy adopted under the Chinese derivative action setting a minimum shareholding requirement as a condition for bringing a suit entails that derivative actions would not be vigorously pursued. The admission of derivative actions should be decided case by case according to the interests of the company and the responsibility of assessing the admissibility of cases should be assigned to the court rather than to the company. The assessment should be based on the probability of success and the potential net recoveries from the case.
A Comparative Study Of Shareholders Derivative Actions
DOWNLOAD
Author : Xiaoning Li
language : en
Publisher: Kluwer Law International
Release Date : 2007
A Comparative Study Of Shareholders Derivative Actions written by Xiaoning Li and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Derivative securities categories.
In this book shareholders' derivative actions in England, The US, Germany and China are being compared. Western countries among themselves take differing approaches towards derivative action in practice, including its very role and the mechanisms for regulating it. As far as the function of derivative action is concerned, The author concludes that (1) derivative actions play different roles in all these countries; (2) their function may vary according To The agency problems to be solved and the type and size of the companies involved; (3) derivative action is only one method in a comprehensive system of corporate governance. Comparative study shows that the issue of how to strike a balance between corporate efficiency and protection For The company and its minority shareholders is key in derivative actions.
The Political Determinants Of Corporate Governance In China
DOWNLOAD
Author : Chenxia Shi
language : en
Publisher: Routledge
Release Date : 2012-03-15
The Political Determinants Of Corporate Governance In China written by Chenxia Shi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-15 with Law categories.
This book investigates the key factors shaping corporate governance in China and presents a sophisticated study of corporate governance in China from a comparative and historical perspective. Drawing on extensive corporate governance literature, this book articulates why path dependence theory is the most effective framework for interpreting the development path of Chinese corporate governance. Chenxia Shi reviews the historical role of government in commercial development and regulation in dynastic China and in early corporate law-making, followed by an account of China’s legal and economic development over the last three decades. This historical inquiry identifies government control as the key feature of economic and market regulation in China. In particular, this book canvasses the evolution of governance of State-Owned Enterprises and listed companies, major corporate governance problems, regulatory challenges posed by China’s increasing participation in economic globalization, and enforcement difficulties particularly in relation to investor protection, directors’ duties and accountability. Ultimately, Political Determinants of Corporate Governance in China demonstrates that corporate governance in China is largely determined by political imperatives and those political imperatives have been shaped and re-shaped in a historical process.
Corporate Governance In China
DOWNLOAD
Author : Giovanni Pisacane
language : en
Publisher: Springer
Release Date : 2017-04-18
Corporate Governance In China written by Giovanni Pisacane and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-18 with Law categories.
This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.
Corporate Disclosure And Corporate Governance In China
DOWNLOAD
Author : Jane Fu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Corporate Disclosure And Corporate Governance In China written by Jane Fu and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Business & Economics categories.
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.
Comparative Corporate Governance
DOWNLOAD
Author : Andreas M. Fleckner
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-11
Comparative Corporate Governance written by Andreas M. Fleckner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-11 with Law categories.
The business corporation is one of the greatest organizational inventions, but it creates risks both for shareholders and for third parties. To mitigate these risks, legislators, judges, and corporate lawyers have tried to learn from foreign experiences and adapt their regulatory regimes to them. In the last three decades, this approach has led to a stream of corporate and capital market law reforms unseen before. Corporate governance, the system by which companies are directed and controlled, is today a key topic for legislation, practice, and academia all over the world. Corporate scandals and financial crises have repeatedly highlighted the need to better understand the economic, social, political, and legal determinants of corporate governance in individual countries. Comparative Corporate Governance furthers this goal by bringing together current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries.