The Company Law of the People’s Republic of China was revised in the year 2005. This paper analyses the protection of the minority shareholders under the new law.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The Relevant Laws and Regulations
- The Company Law of the People's Republic of China
- The Securities Law of the People's Republic of China
- Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures
- Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures
- Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures
- Detailed Rules on the Implementation of the Law of the People's Republic of China on Sino-Foreign Joint Cooperative Ventures
- Code of Corporate Governance for Listed Companies in China
- Provisions of the Supreme People's Court about Several Issues Concerning the Application of the Company Law of the People's Republic of China (I)
- Provisions of the Supreme People's Court about Several Issues Concerning the Application of the Company Law of the People's Republic of China (II)
- The Protection of Minority Shareholders
- Joint Stock Companies
- Limited Liability Company
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to analyze the protection of minority shareholders under the new Company Law of the People's Republic of China, which was revised in 2005. The paper examines the relevant laws and regulations that impact minority shareholder protection, particularly focusing on the differences between joint stock companies and limited liability companies. Key themes explored in the paper include:- The relationship between minority shareholder protection and attracting investors and capital
- The evolution of minority shareholder protection in China, from a focus on state-owned companies to a more developed framework for private investors
- The importance of corporate governance structures in safeguarding minority shareholders' rights
- The specific legal provisions and mechanisms in place for protecting minority shareholders in joint stock companies and limited liability companies
- The challenges and limitations of minority shareholder protection in practice
Zusammenfassung der Kapitel (Chapter Summaries)
Introduction
This chapter introduces the concept of minority shareholder protection and its significance in attracting investment. It highlights the contrast between countries with high and low levels of minority shareholder protection and examines China's unique position in this context. The chapter explains the historical development of corporate governance in China, emphasizing the changes brought about by the 2005 amendment of the Company Law.The Relevant Laws and Regulations
This chapter provides an overview of the key laws and regulations impacting minority shareholder protection in China. It outlines a comprehensive list of relevant legal frameworks, including the Company Law, the Securities Law, and specific regulations governing Chinese-foreign joint ventures.The Protection of Minority Shareholders
This chapter delves into the specific mechanisms for protecting minority shareholders in both joint stock companies and limited liability companies. It discusses the Code of Corporate Governance for Listed Companies in China and its emphasis on fair treatment for all shareholders, especially minority shareholders. The chapter also examines provisions relating to shareholder rights, such as the right to be informed about company affairs and the right to engage in civil litigation. It further explores the requirements for shareholders to initiate legal action against companies for violations of their rights.Conclusion
The conclusion summarizes the main points of the paper and discusses the overall effectiveness of minority shareholder protection under the revised Company Law. It explores potential challenges and future directions for strengthening the legal framework surrounding minority shareholder protection in China.Schlüsselwörter (Keywords)
This paper explores the crucial area of minority shareholder protection in China, examining key topics such as corporate governance, joint stock companies, limited liability companies, legal framework, shareholder rights, and the evolution of corporate governance in a rapidly developing market.Frequently Asked Questions
How did the 2005 revision of the Company Law change minority shareholder protection in China?
The 2005 revision significantly modernized the framework for private investors, shifting the focus from state-owned enterprises to a more robust system for safeguarding the rights of all shareholders, including minority ones.
What are the main differences in protection between Joint Stock and Limited Liability companies?
The law provides specific legal mechanisms for both, but Joint Stock companies are often subject to stricter corporate governance codes, especially if they are listed on a stock exchange.
What rights do minority shareholders have regarding company information?
Minority shareholders have the legal right to be informed about company affairs, which is a fundamental part of their protection under the revised Chinese Company Law.
Can minority shareholders in China sue a company for rights violations?
Yes, the legal framework allows shareholders to engage in civil litigation and initiate legal action against companies or directors if their rights are violated.
What is the role of the Supreme People's Court in this context?
The Supreme People's Court has issued specific provisions (I and II) regarding the application of the Company Law to clarify how these protections should be implemented in practice.
Final del extracto de 13 páginas
- subir
- Citar trabajo
- Mag. Ludwig Hetzel (Autor), 2009, The Protection of Minority Shareholders under the new Company Law of the People’s Republic of China, Múnich, GRIN Verlag, https://www.grin.com/document/133416
Leer eBook
