Enforcement of Corporate and Securities Law

Author: Robin Hui Huang
Publisher: Cambridge University Press
ISBN: 1107164990
Format: PDF
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This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.

Securities and Capital Markets Law in China

Author: Robin Huang
Publisher: Oxford University Press, USA
ISBN: 9780199687947
Format: PDF
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This book presents a systematic and conceptualized account of Chinese securities and capital markets law, giving readers nuanced and practical understandings of law and practice in this field in China. It is structured to cover topics specific to foreigner investors in China such as foreign investment enterprises and cross-border mergers and acquisitions in China. The cultural and political background to doing business in China is very significant when seeking to understand the current law in the country and it can be difficult to access information on that background. This book provides an explanation of the law and practice by setting the current law in the context of its development. Part I of the book provides an overview of the capital markets in China, a contextual discussion of the market development and its characteristics, and a critical analysis of the regulatory framework and possible reform routes. Part II is dedicated to the regulation of securities offerings and listings in China. It looks at both government approval requirements and information disclosure requirements. Part III addresses the securities enforcement structure comprising the government regulator and self-regulatory bodies such as stock exchanges. It examines various forms of market misconduct including market manipulation and insider training. Part IV focuses on mergers and acquisitions in China. It discusses domestic takeovers and cross-border mergers.

Securities Markets and Corporate Governance

Author: Yuwa Wei
Publisher: Routledge
ISBN: 1317058127
Format: PDF, Docs
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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.

Company Law in China

Author: Jiang Yu Wang
Publisher: Edward Elgar Publishing
ISBN: 1849805733
Format: PDF, Kindle
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This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People�s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory develop

Corporate Disclosure and Corporate Governance in China

Author: Jane Fu
Publisher: Kluwer Law International B.V.
ISBN: 9041126694
Format: PDF, ePub, Docs
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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.

International Securities Markets

Author: Hui Huang
Publisher: Kluwer Law International B.V.
ISBN: 9041125574
Format: PDF, ePub
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This book offers the first detailed analysis of Chinaand’s 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 authorand’s approach focuses on Chinaand’s 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.

Capitalizing China

Author: Joseph P. H. Fan
Publisher: University of Chicago Press
ISBN: 0226237249
Format: PDF, ePub, Mobi
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Despite a vast accumulation of private capital, China is not embracing capitalism. Deceptively familiar capitalist features disguise the profoundly unfamiliar foundations of "market socialism with Chinese characteristics." The Chinese Communist Party (CCP), by controlling the career advancement of all senior personnel in all regulatory agencies, all state-owned enterprises (SOEs), and virtually all major financial institutions state-owned enterprises (SOEs), and senior Party positions in all but the smallest non-SOE enterprises, retains sole possession of Lenin's Commanding Heights. This manuscript introduces the chapters comprising the NBER volume Capitalizing China (Fan and Morck, eds. 2012), which examine China's high savings rate, banking system, financial markets, financial regulations, corporate governance, and public finances; and consider policy alternatives the CCP might consider if its goal is China's elevation into the ranks of high income countries.

Chinese Law Context and Transformation

Author: Jianfu Chen
Publisher: BRILL
ISBN: 9004228896
Format: PDF
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Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Securities Regulation in China

Author: Sanzhu Zhu
Publisher: Brill - Nijhoff
ISBN: 9781571051721
Format: PDF, Mobi
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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.