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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.
List of contents
Sources of Law on Corporate Governance.- Companies under Chinese Law.- Incorporation and Articles of Association.- The Shareholders.- The Legal Representative.- The Board of Directors.- The Board of Supervisors.- The General Manager.- Annual Compliance: Annual Reports and Approval of Financial Statements.- Company Seals.- Particular Nuances of Corporate Governance: State-Owned Companies and Family-Owned Companies.
About the author
Giovanni Pisacane is a business lawyer specialized in International practice with a long experience in Arbitration and Mediation and member of IBA (International Bar Association). He has been practicing as a business lawyer since 1996. He completed his education in Private International Law at The Hague Academy in the Netherlands. In 2004 he founded GWA, an International legal and tax consulting firm, in Shanghai. He was appointed in 2009 by the Italian Ministry of Economic Development as a Special Advisor for Italy-China business relations. Giovanni Pisacane is author of several articles and books and an active contributor for the World Bank in preparing the "Doing Business in China" yearly guideline.
He was also appointed in the panel of arbitrators of SHIAC (Shanghai International Arbitration Center) and VIAC (Vienna International Arbitral Centre) and also member of ECLS (European China Law Studies Association).
Summary
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.
