Corporate Bankruptcy Law in China

Corporate Bankruptcy Law in China
Author: Natalie Mrockova
Publisher: Bloomsbury Publishing
Total Pages: 384
Release: 2021-01-28
Genre: Law
ISBN: 1509932453

This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.

Court-Supervised Restructuring of Large Distressed Companies in Asia

Court-Supervised Restructuring of Large Distressed Companies in Asia
Author: Wai Yee Wan
Publisher: Bloomsbury Publishing
Total Pages: 379
Release: 2022-07-28
Genre: Law
ISBN: 1509952349

This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.

Transnational Legal Orders

Transnational Legal Orders
Author: Terence C. Halliday
Publisher: Cambridge University Press
Total Pages: 559
Release: 2015-01-19
Genre: Business & Economics
ISBN: 1107069920

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Research Handbook on Asian Financial Law

Research Handbook on Asian Financial Law
Author: Douglas W. Arner
Publisher: Edward Elgar Publishing
Total Pages: 603
Release: 2020-01-31
Genre: Law
ISBN: 1788972201

This comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. It considers how reforms following the crises have been critical for the development and growth of the region and explores a broad range of post-crisis financial regulatory issues. This timely book also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region’s potential.

China's New Enterprise Bankruptcy Law

China's New Enterprise Bankruptcy Law
Author: Haizheng Zhang
Publisher: Ashgate Publishing, Ltd.
Total Pages: 553
Release: 2013-02-28
Genre: Law
ISBN: 1409496988

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.

International Insolvency Law

International Insolvency Law
Author: Elina Moustaira
Publisher: Springer
Total Pages: 160
Release: 2018-12-31
Genre: Law
ISBN: 3030044505

This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

Corporate Reorganisations in China

Corporate Reorganisations in China
Author: Zinian Zhang
Publisher: Cambridge University Press
Total Pages: 291
Release: 2018-10-11
Genre: Business & Economics
ISBN: 1108425003

A comprehensive empirical study of China's corporate reorganization law and its implementation.

Executory Contracts in Insolvency Law

Executory Contracts in Insolvency Law
Author: Jason Chuah
Publisher: Edward Elgar Publishing
Total Pages: 646
Release: 2019
Genre: Bankruptcy
ISBN: 178811552X

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.

Cross-Border Insolvency Law

Cross-Border Insolvency Law
Author: Bob Wessels
Publisher: Kluwer Law International B.V.
Total Pages: 988
Release: 2015-09-24
Genre: Law
ISBN: 9041159959

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.