Overview of the company law regime in China

Abstract

This is the first and overview chapter of Company Law in China (Edward Elgar 2014) provides an overview of the corporate law regime in China, focusing on the newly revised PRC Company Law. It briefly examines the history of China's corporate law development, the structure of the company law, sources of law in the corporate law, corporate governance, corporate finance, and corporate social responsibility in China. It also discusses, from a law and development perspective, the purposes, principles and general trend of direction of China's corporate law system.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 developments in the company law landscape in China. The book covers a wide range of topics including the definitions of companies as compared with other forms of business organizations, incorporation, shareholders rights and legal remedies, corporate governance (including the fiduciary and other duties and liabilities of directors, supervisors and managers), corporate finance (including capital and shares offering), fundamental corporate changes (including mergers & acquisitions, and takeovers), and corporate liquidation and bankruptcy. In addition to presenting strong doctrinal analysis, the author also considers China’s unique social, political and economic contexts.