Chinese Business Law

Controlling shareholders have largely unbalanced power in the governance structure of corporations, which leaves the minority shareholders vulnerable to being exploited. One way to deal with the problem is to allow minority shareholders to sue a controlling shareholder when they think they have been treated unfairly by the said controlling shareholder, and the challenged conduct will be reviewed by court under certain standard pre-set by law. Legal practitioners and economists consider this kind of solution a standard-based strategy. This book discusses how to use these standard-based strategies most efficiently when dealing with conflicts between controlling and minority shareholders. The book identifies three sub-issues that need to be addressed properly by law makers for a standard-based strategy to function in an efficient way: (1) What is the substantive standard of controlling shareholder conduct?; (2) How should the standard be enforced by court?; and (3) How to choose between standard-based strategies and other regulatory strategies? The book examines these three questions through studies of three individual jurisdictions: the US, the UK, and China.

The China Business Model: Originality and Limits emphasizes transformation of the Chinese Business Model over the last decades. The impact of the financial crisis on China helps the reader understand its evolution towards capitalism. Topics covered include CSR, leadership, and management in China, how do these organizations impact the performance of companies, the financing policy of Chinese firms and its evolution till the slowdown, finance and business in China, and how could the banking sector and/or the financial markets help the development of Chinese companies? Helps the reader understand the impact of the financial crisis on China and its evolution towards capitalism Contains coverage of CSR, leadership, and management in China Answers the question "how can financial markets help the development of Chinese companies?"

This book argues that that the rise of great firms - those with sustainable high return on invested capital (ROIC) - will lay the foundation for China's successful economic transformation.  Drawn from the author's research on corporate finance and the Chinese economy, the author maintains that being big could be easy but means little for corporate China, especially in the context of China's transition from an investment-led economy to an efficiency-driven one. The work discusses both internal and external impediments that lead to lack of great companies in China and suggests institutional conditions which foster the rise of great companies in China, including, reversing the government's obsession with GDP, reforming the financial system, and promoting entrepreneurship. Policy makers, investors, corporate executives, and MBA students and scholars will appreciate case studies of Huawei, Alibaba, Xiaomi, and Lenovo, among others, that illustrate the endeavors made by Chinese entrepreneurs at the grassroots level and highlight what makes successful companies in China.

This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law.  This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments. The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

China's recent economic transformation and integration into the world economy has coincided with increasing pressure for corporate law reform to make corporate social responsibility (CSR) integral to business and management strategy in China. This timely book critically analyses contemporary notions of CSR in China, discussing theory and practice alongside legal responses in this emerging field. Jingchen Zhao uniquely combines the history, traditions and social policies of China with Chinese law, explaining the significance of path dependence in China. He presents an in-depth debate on the difficulties involved in transplanting developed legal principles directly into Chinese society, and takes a detailed look at the CSR provisions in Chinese company law which aimed to put social and environmental concerns onto the corporate agenda. He suggests how these laws could be more effectively and efficiently enforced with reference to UK law, and explores specific issues including:* Chinese Company Law 2006* the 'Harmonious Society' in China* the 2008 Financial Crisis and its impact on the Chinese economy* recent corporate scandals including the Sanlu Baby Milk scandal, the Wenchuan earthquake and CSR donations, the Beijing Olympic Games and CSR, and the Fujia chemical plant.This book will prove an enlightening read for academics and practitioners in the fields of law, business and management interested in CSR and the law in contemporary China.

China is an increasingly influential emerging economy that is currently attracting the attention of academics, practitioners, and policy makers. This book is a collection of cutting edge research findings on issues relating to the experiences and challenges of China's capital market development.

The Chinese economy has grown faster for a longer period than any other economy in the world. It is now the second, and will soon become the largest, global economy. This is an astonishing transformation of a country that in the late 1970s was one of the poorest in Asia. Central to this economic miracle has been the emergence of a private sector of entrepreneurs who have started and grown businesses of all sizes and types. This book explores these wealth creators and builders of China's new economy, and offers guidance on the best ways to work with China's entrepreneurs and their growing businesses. Entrepreneurship in Chinalooks at the dynamic and changing nature of entrepreneurship, and the need for entrepreneurs to refine, adapt and evolve their approaches within an uncertain, fast-changing and volatile environment. This book examines the distinctive and particular context of China for entrepreneurs, and offers insights into how entrepreneurship has emerged as the driver of China's economy. This book will benefit business people, policy makers and researchers seeking to understand Chinese entrepreneurship and offers guidance to practitioners interested in working with private Chinese businesses.

The word innovation is often used today regarding China, as if the concept were new to the Eastern country. Most people know, however, that China was a juggernaut in creating new technologies and at one time was the innovation king of the world- but that was at least seven centuries ago! Today, the great oriental power is attempting once again to take the throne of innovation for its own. This desire to usurp the throne, which had been diligently taken by the West during the Scientific Revolution, has placed an almost unrealistic emphasis on innovation. In Innovation in China: The Tail of the Dragon, the author explores the issues and actors involved in making innovation the emphasis in China. He  uses a simple systems model of innovation and various perceptual lenses. The lenses are aimed at the historical, economic, political, legal, educational and cultural elements of an innovation-based society.  After reading the book the reader will understand more about how innovation is happening in China and by whom. More  importantly, the reader will begin a journey of learning more about where the country is going as it relentlessly continues its drive to create an innovation-based society and to become once again, in terms appropriate to its history, the 'Emperor of Innovation'.

China's outward foreign direct investment, for which Australia is one of the largest destinations, has rapidly increased and become an important source of global capital. Nevertheless, Chinese investors have encountered many challenges in making their investment decisions and managing their foreign direct investments for sustainable development and profitability. Managing Chinese Outward Foreign Direct Investment focuses on the management of Chinese outward foreign direct investment, particularly foreign subsidiaries established through merger and acquisition, at the organisational level. Considering investment as a process, the book addresses complex managerial issues from strategic entry decisions to corporate sustainable development. Particular emphases have been placed on the post-acquisition integration and management such as liability of foreignness mitigation, post-acquisition integration, corporate control and governance, human resources and cross-cultural management, and corporate social responsibility.

A roadmap for understanding the business challenges and opportunities in China By 2025, China and India will be two of the world's four largest economies. By then, economic ties between them should also rank among the ten most important bilateral ties worldwide. Their leaders are well aware of these emerging realities. In May 2013, just two months after taking charge, Premier Li Keqiang left for India on his first official trip outside China, a clear signal of China's foreign policy priorities. The Silk Road Rediscovered is the first book ever to analyze the growing corporate linkages between India and China. Did you know that: India's Mahindra is the fifth largest tractor manufacturer in China? Tata Motors' Jaguar Land Rover unit is the fastest growing luxury auto seller in China? India's NIIT is the most influential IT training brand in China? China's Huawei has its second largest R&D center in Bangalore and employs over 5000 people in India? Shanghai Electric earns its largest revenues outside China from India? As these developments illustrate, pioneering Indian and Chinese companies are rediscovering the fabled Silk Road which joined their nations in ancient times. Winning in each other's markets is also making them stronger and whetting their appetite for further global expansion. This book examines how Indian companies such as Tata Consultancy Services, Mahindra Tractors, NIIT, Tata Motors/Jaguar Land Rover and Sundaram Fasteners have figured out how to win in China. Their experiences may inspire and offer lessons to other Indian companies. The book also examines how Chinese pioneers such as Lenovo, Huawei, TBEA, Haier and Xinxing have made a strong commitment to India and are beginning to realize the fruits of this commitment. The key lessons that emerge from these analyses are: the odds of success go up dramatically when executives adopt a global rather than local-for-local perspective and are skillful at learning on the ground.