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Trends and Developments in Chinese Insolvency Law

Trends and Developments in Chinese Insolvency Law PDF Author: Stacey Steele
Publisher:
ISBN:
Category :
Languages : en
Pages : 51

Book Description
Insolvency law in the People's Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese insolvency law since the enactment of the PRC Enterprise Bankruptcy Law in 2007, focusing on the dynamic transformation of insolvency practice, jurisprudence and the profession over the last five years. It also draws on examples from Japan to highlight that China is not alone in relation to a number of contemporary debates and developments in insolvency law. Moreover, the article brings together academic, judicial and practitioner perspectives to examine key contemporary issues in China, including the influence of Chinese courts; the treatment of secured creditors; the professionalization, appointment and remuneration of insolvency practitioners; and reorganizations of listed companies, unlisted real estate companies and unlisted foreign investment enterprises. The article also emphasizes the different rates of development in more sophisticated economic regions such as Shenzhen City and Zhejiang Province from which recent data and case studies are drawn. Finally, the article analyzes China's approach to cross-border insolvencies. Whilst challenges remain, the article evidences China's indigenous and increasingly sophisticated insolvency framework and highlights future innovations including publication of insolvency-related information and the potential for a personal bankruptcy regime.

Trends and Developments in Chinese Insolvency Law

Trends and Developments in Chinese Insolvency Law PDF Author: Stacey Steele
Publisher:
ISBN:
Category :
Languages : en
Pages : 51

Book Description
Insolvency law in the People's Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese insolvency law since the enactment of the PRC Enterprise Bankruptcy Law in 2007, focusing on the dynamic transformation of insolvency practice, jurisprudence and the profession over the last five years. It also draws on examples from Japan to highlight that China is not alone in relation to a number of contemporary debates and developments in insolvency law. Moreover, the article brings together academic, judicial and practitioner perspectives to examine key contemporary issues in China, including the influence of Chinese courts; the treatment of secured creditors; the professionalization, appointment and remuneration of insolvency practitioners; and reorganizations of listed companies, unlisted real estate companies and unlisted foreign investment enterprises. The article also emphasizes the different rates of development in more sophisticated economic regions such as Shenzhen City and Zhejiang Province from which recent data and case studies are drawn. Finally, the article analyzes China's approach to cross-border insolvencies. Whilst challenges remain, the article evidences China's indigenous and increasingly sophisticated insolvency framework and highlights future innovations including publication of insolvency-related information and the potential for a personal bankruptcy regime.

Recent Developments in Bankruptcy Law in China

Recent Developments in Bankruptcy Law in China PDF Author:
Publisher: Thomson West; Aspatore
ISBN: 9780314268549
Category : Bankruptcy
Languages : en
Pages : 0

Book Description
Recent Developments in Bankruptcy Law in China provides an authoritative, insiders perspective on key strategies for representing and advising bankruptcy clients in Chinas current economic, political, and legal environment. Featuring partners from some of Chinas leading law firms, these experts guide the reader through recent changes in Chinas legal landscape, as they provide a brief history of Chinese bankruptcy law and discuss how filings have changed since the new Enterprise Bankruptcy Law. These top lawyers offer tips on understanding the similarities and differences in Chinese and U.S. bankruptcy law, including how the courts administer the laws, the types of bankruptcies filed, and how best to file involuntary bankruptcies. From understanding new reorganization practices to handling common legal issues for clients, these authors give advice on how to integrate new techniques into current bankruptcy strategies. Additionally, these leaders discuss the ambiguities of the Enterprise Bankruptcy Law and the lack of transparency in Chinas bankruptcy regime. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating bankruptcy law in Chinas current legal climate.

Asian Insolvency Systems: Closing the Implementation Gap

Asian Insolvency Systems: Closing the Implementation Gap PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264038337
Category :
Languages : en
Pages : 284

Book Description
A conference proceedings that provides a regional and country perspective on Asian insolvency reform, including individual Asian country reports, and reports on broader international trends and developements.

Chinese Law: Context and Transformation

Chinese Law: Context and Transformation PDF Author: Jianfu Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9047423437
Category : Law
Languages : en
Pages : 792

Book Description
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 changes. It attempts to sketch the main trends in legal modernisation in China.

China's New Enterprise Bankruptcy Law

China's New Enterprise Bankruptcy Law PDF Author: Yongqian Xu
Publisher: Routledge
ISBN: 1317167147
Category : Law
Languages : en
Pages : 372

Book Description
China has recently entered a significant stage in its economic transition with the introduction of a new and seemingly sophisticated bankruptcy law drawing inspiration from mature insolvency systems. However, this new law is likely to face significant challenges within its implementation due to weaknesses in the countries legal and social infrastructure. China's New Enterprise Bankruptcy Law clearly presents the structure of China’s reformed legal bankruptcy system by introducing the framework and analyzing typical cases which have been or are being heard since the new bankruptcy law was operational. Written by Chinese experts with a professional interest and specialist knowledge of insolvency law, this volume serves as an indispensable guide for academics and researchers in the area, as well as practitioners and professionals involved with Chinese business law.

New Bank Insolvency Law for China and Europe

New Bank Insolvency Law for China and Europe PDF Author: Qingjiang Kong
Publisher:
ISBN: 9789462367432
Category : Bank failures
Languages : en
Pages : 0

Book Description
This is Volume one of a new series on 'New Bank Insolvency Law for China and Europe'. This volume provides a comprehensive analysis of the current Chinese bank insolvency framework, and discusses future developments in the field of Chinese bank insolvency law. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules that govern the recovery and resolution of banks. [Subject: Insolvency Law, Chinese Law, Commercial Law, Banking Law]

China’s Grand Strategy

China’s Grand Strategy PDF Author: Andrew Scobell
Publisher: Rand Corporation
ISBN: 1977404200
Category : History
Languages : en
Pages : 155

Book Description
To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.

Cross-Border Insolvency Law

Cross-Border Insolvency Law PDF Author: Bob Wessels
Publisher: Kluwer Law International B.V.
ISBN: 9041159959
Category : Law
Languages : en
Pages : 1042

Book Description
Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.

Resolving China’s Corporate Debt Problem

Resolving China’s Corporate Debt Problem PDF Author: Wojciech Maliszewski
Publisher: International Monetary Fund
ISBN: 1475545282
Category : Business & Economics
Languages : en
Pages : 43

Book Description
Corporate credit growth in China has been excessive in recent years. This credit boom is related to the large increase in investment after the Global Financial Crisis. Investment efficiency has fallen and the financial performance of corporates has deteriorated steadily, affecting asset quality in financial institutions. The corporate debt problem should be addressed urgently with a comprehensive strategy. Key elements should include identifying companies in financial difficulties, proactively recognizing losses in the financial system, burden sharing, corporate restructuring and governance reform, hardening budget constraints, and facilitating market entry. A proactive strategy would trade off short-term economic pain for larger longer-term gain.

Executory Contracts in Insolvency Law

Executory Contracts in Insolvency Law PDF Author: Jason Chuah
Publisher: Edward Elgar Publishing
ISBN: 1803923423
Category : Law
Languages : en
Pages : 673

Book Description
Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.