Definition of “Serious Difficulties in Operation and Management” in the Chinese Company Law

2021 ◽  
Vol 34 ◽  
pp. 89-110
Author(s):  
ZHANG ZHENBAO ◽  
CHEN BING
Keyword(s):  
Company Law ◽  
Chinese Company ◽  
Definition Of ◽  
Operation And Management

Chinese Company Law

2018 ◽  
pp. 179-214
Author(s):  
Xuemei Qiu ◽  
Zhengling Lin
Keyword(s):  
Company Law ◽  
Chinese Company

E pluribus unum? Language diversity and the harmonization of company law in the European Union

2019 ◽  
Vol 26 (5) ◽  
pp. 669-690
Author(s):  
Federico M Mucciarelli
Keyword(s):  
European Union ◽  
Case Studies ◽  
Company Law ◽  
Language Diversity ◽  
The European Union ◽  
Freedom Of Establishment ◽  
First Case ◽  
Definition Of ◽  
The Impact

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.

scholarly journals On the Improvement of China’s Legal System of Foreign Direct Investment

2015 ◽  
Vol 8 (4) ◽  
pp. 293 ◽  
Author(s):  
Shu-Xue Jia
Keyword(s):  
Foreign Direct Investment ◽  
Legal System ◽  
Foreign Investment ◽  
Joint Ventures ◽  
Direct Investment ◽  
Local Level ◽  
Company Law ◽  
Operation Duration ◽  
Chinese Company ◽  
Foreign Investment Enterprises

China has not enacted unified foreign direct investment code, and the legal system of foreign direct investment is composed of separate laws and numerous regulations and rules at both national and local level. The establishment of all foreign investment enterprises in China is subject to examination and approval of relevant authorities, only after which enterprises can be registered. The operation duration of equity joint ventures, contractual joint ventures and solely foreign-founded enterprises shall comply with relevant provisions of Chinese laws. The operation duration and disillusion of foreign-invested stock joint limited companies are subject to Chinese Company Law. The 2-track legislation model, under which foreign investment enterprises and domestic enterprises are governed by different laws and regulations, caused conflicts among different laws and difficulties in application of laws. To overcome the defaults China must enact unified law on foreign direct investment.

Civilian Tradition and the Chinese Company Law

2009 ◽  
Vol 16 (2) ◽  
pp. 438-449 ◽  
Author(s):  
Stefano Porcelli
Keyword(s):  
Company Law ◽  
Chinese Company

scholarly journals Enhancing the Value of Patents as Corporate Assets in South Africa: How can Artificial Intelligence (AI) Assist?

2021 ◽  
Vol 24 ◽  
pp. 1-38
Author(s):  
Lonias Ndlovu
Keyword(s):  
Artificial Intelligence ◽  
South African ◽  
Language Processing ◽  
Case Law ◽  
Patent Law ◽  
Company Law ◽  
High Quality ◽  
Asset Value ◽  
Definition Of ◽  
The Internet Of Things

Although the accounting definition of assets contemplates intangible, abstract assets such as those embodied in intellectual property (IP), South African company law largely views IP as a legal and not a business asset. This paper tentatively suggests an approach that uses artificial intelligence (AI) to mitigate weaknesses in the South African patent law relating to the absence of patent searches and examinations. It is hoped that using AI will enable the filing of quality patents that satisfy the prescribed patentability criteria. High-quality patents will allow companies to accumulate patents as corporate assets. The approach is based on the algorithmic use of AI technologies such as machine learning, natural language processing, deep learning alongside the Internet of Things, and IP analytics to strengthen South Africa’s IP system and create asset value for corporations. The paper recommends using the proposed AI technologies by companies and the Patents Office to enable the filing of high-quality patents, which will lead to the accumulation of corporate assets in the form of patents. The methodology is doctrinal, and the paper relies on recent literature on IP and AI, South African law, case law and examples drawn from studies conducted in other countries.

«Bankenmacht», «Verwaltungsherrschaft», «Aktionärsdemokratie»?

2020 ◽  
Vol 65 (1) ◽  
pp. 33-64
Author(s):  
Dieter Ziegler
Keyword(s):  
Management Control ◽  
Company Law ◽  
Joint Stock Company ◽  
Stock Company ◽  
Shareholder Protection ◽  
The North ◽  
Supervisory Boards ◽  
German Stock ◽  
Definition Of ◽  
Adequate Supervision

Abstract«Bankenmacht», «Verwaltungsherrschaft», «Aktionärsdemokratie»? On the problem of management control in German stock corporations 1870 to 1931The liberalization of stock company law in Prussia and the North German Confederation respectively as well as the abolition of state concessions as a prerequisite for the formation of a joint-stock company led to a debate about the means of control regarding joint-stock companies. The new stock company law instituted supervisory boards as a controlling body, as a mandatory «contracted general assembly», but did not elaborate on a clear definition of their duties. Yet, since the end of the so called «Gründerboom» in 1873, it became more and more apparent that the supervisory boards failed to provide adequate supervision. The law was amended in 1884 accordingly, in order to increase the supervisory boards’ means of control over the executive board. Subsequently, many joint-stock companies developed an oligarchic power structure, which cut down on shareholder protection rights. Banks were heavily involved in this process due to their voting rights as «inside shareholders», but by no means would it be suitable to label this as «Bankenherrschaft».

Capital verification and auditor liability: evidence from China

2015 ◽  
Vol 30 (6/7) ◽  
pp. 657-680 ◽  
Author(s):  
Yingfa Lu ◽  
Falconer Mitchell ◽  
Chris Pong
Keyword(s):  
Social Construction ◽  
Design Methodology ◽  
Field Work ◽  
Company Law ◽  
Social Construction Of Reality ◽  
Content Type ◽  
Auditor Liability ◽  
Outright Rejection ◽  
Business Entities ◽  
Chinese Company

Purpose – This paper aims to examine the different perspectives of auditors and non-auditors on this question, along with the rationale and impact of these differences. Chinese company law requires an audit report on paid-up capital when business entities are newly formed or their capital altered, which raises questions regarding the liability of auditors should the business entities fail. Design/methodology/approach – Interviews and a questionnaire survey were conducted to analyse how legislation can impact on interested parties in a relatively immature audit environment. The theories of social construction of reality and symbolic interactionism are used as a basis for explaining the different conceptions of capital verification held by interested parties. Findings – There is a mismatch between the purpose of capital verification and the functions of paid-up capital. Paid-up capital is not a reliable indicator of business liquidity and creditworthiness. Auditors and non-auditors have different understandings about the assurance provided by paid-up capital at the point of company formation or auditing field work, and at the point of actual trading after the company formation or auditing field work. They also differ on the causation between deficient capital verification reports and trading loss. The liability crisis adversely influenced auditors’ perception of the capital verification service, although it did not lead to outright rejection by them. Originality/value – This paper describes an important compliance auditing service in China. By conducting an analysis of the conflicting views of auditors and non-auditors on capital verification, it contributes to the existing literature on the sources of disputes between auditors and other stakeholders, and the efforts to establish a balanced auditor liability regime.

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