Limited Liability Partnership in China - A Long Way Forward

Limited Liability Partnership in China - A Long Way Forward
Author: Lin Lin
Publisher:
Total Pages: 19
Release: 2015
Genre:
ISBN:

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In August 2007, a new business vehicle, the Special General Partnership (“SGP”) was adopted under the revised Partnership Enterprise Law of the People's Republic of China. The SGP resembles an overseas Limited Liability Partnership in that it shields co-partners from liabilities due to the misconduct or negligence of other partners. The introduction of the SGP increases the options available for professional practitioners in China. The article highlights key elements of China's introduction of the SGP and examines the uncertainties over the protection shield of partners. It explains the safeguards for creditors concerning financial reporting obligations and professional insurances. It concludes that the fact that the SGP does not grant full protection shield to partners may undermine the advantage of the SGP. It suggests that more rules must be provided to balance the interests of the partners and the creditors so as to facilitate the development of Chinese professional services market.

China’s Foreign-Invested Limited Partnership Enterprise

China’s Foreign-Invested Limited Partnership Enterprise
Author: Stephan Kuntner
Publisher: Springer Nature
Total Pages: 377
Release: 2020-10-01
Genre: Law
ISBN: 3030541819

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Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.

China's Foreign-Invested Limited Partnership Enterprise

China's Foreign-Invested Limited Partnership Enterprise
Author: Stephan Kuntner
Publisher:
Total Pages: 0
Release: 2021
Genre:
ISBN: 9783030541828

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Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.

Doing Business In China

Doing Business In China
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
Total Pages: 3686
Release: 2014-04-01
Genre:
ISBN: 1578231558

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Doing Business in China provides over 3,000 pages of extensive and comprehensive analysis on Chinese business and commercial law and practice. This work is the most thorough reference and guide to all major areas of business law and investment in the People’s Republic of China, and offers a wide-ranging analysis and commentary on Chinese business laws. For over thirty years Doing Business in China has been one of the premier sources of practical information and analysis on issues affecting foreign investment in China. This multi - volume treatise captures the collective experiences and knowledge of prominent practitioners and business and legal experts with respect to the essential areas of PRC investment and commercial law. Designed for those who are either planning to invest in China or who already have an established presence, Doing Business in China provides a detailed examination of all relevant legislation and practice in China that affects business and investment. It also closely examines key issues and potential pitfalls involved in all areas of business and investment.

Insolvency Law in East Asia

Insolvency Law in East Asia
Author: Roman Tomasic
Publisher: Routledge
Total Pages: 574
Release: 2016-05-23
Genre: Law
ISBN: 1317115996

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Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.

Proceedings of the 2022 International Conference on Business and Policy Studies

Proceedings of the 2022 International Conference on Business and Policy Studies
Author: Xiaolong Li
Publisher: Springer Nature
Total Pages: 978
Release: 2022-09-26
Genre: Political Science
ISBN: 9811957274

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This proceedings volume contains papers accepted by the 2022 International Conference on Business and Policy Studies (CONF-BPS 2022), which are carefully selected and reviewed by professional reviewers from corresponding research fields and the editorial team of the conference. This volume presents latest research achievements, inspirations, and applications in applied economy, finance, enterprise management, public administration, and policy studies. CONF-BPS hopes this volume could be inspiring and of academic value.Business and policy studies both are heated research topics and are related to multiple fields. Held by Eliwise Academy, CONF-BPS aims at bringing together intellectuals from related fields including applied economy, finance, and public administration for academic exchange. Its goal is to serve as an international platform for researchers to present latest research progress, share ideas and inspirations, and exchange experience. Through more academic communication and exchange, this conference hops to promote international corporation and joint initiatives in relevant fields. This volume will be of interest to researchers, academics, professionals, and policy makers in the field of business, economics, management, and policy studies.

China as an Innovation Nation

China as an Innovation Nation
Author: Yu Zhou
Publisher: Oxford University Press
Total Pages: 367
Release: 2016
Genre: Business & Economics
ISBN: 019875356X

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This volume assesses China's transition to innovation-nation status in terms of social conditions, industry characteristics and economic impacts over the past three decades, also providing insights into future developments. Defining innovation as the process that generates a higher quality, lower cost product than was previously available, the introductory chapter conceptualizes the theory of an innovation nation and the lessons from Japan and Untied States. It outlines the key governance, employment and investment institutions that China must build for such transition to occur, and examines China's challenges and strategies to innovate in the era of global production systems. Two succeeding chapters explain the evolving roles of Chinese state in innovation, and the new landscape of venture capital finance. The remaining chapters provide studies of major industries, which contain analyses of the evolving roles of investment by government agencies and business interests in the process. Included in these studies are traditional industries such as mechanical engineering, railroads, and automobiles; rapidly evolving and internationally highly integrated industries such as information-and-communication-technology (ICT); and newly emerging sectors such as wind and solar energy. Written by leading academics in the field, studies in this volume reveal Chinese innovation as diverse across industries and enterprises and fluid over time. In each sector, we observe continued co-evolution of state policy, market demand, and technology development. The strategies and structures of individual companies and industrial ecosystems are changing rapidly. The sum total of the studies is a great step forward in our understanding of the industrial foundations of China's attempt to become an innovation nation.

China's New Enterprise Bankruptcy Law

China's New Enterprise Bankruptcy Law
Author: Yongqian Xu
Publisher: Routledge
Total Pages: 372
Release: 2016-05-23
Genre: Law
ISBN: 1317167139

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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.

India & China : The Way Forward

India & China : The Way Forward
Author: Mr D S Rajan
Publisher: KW Publishers Pvt Ltd
Total Pages: 76
Release: 2013-03-15
Genre:
ISBN: 9385714864

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The book marks the publication of papers presented at a National Seminar on ‘India and China: The way Forward’, organised, by the Chennai Centrefor China Studies (C3S),at Chennai on March16, 2012. The participants included eminent Sinologists in the country representing the academic community, former bureaucrats who covered China as part of their duties, and experts with security and military background. The book is being brought out with the objective of ensuring wider dissemination of their views.