Legal Protection Of Private Equity Investors In China

Author : Chi Zhang
Publisher : Routledge
Page : 141 pages
File Size : 45,6 Mb
Release : 2019-03-19
Category : Law
ISBN : 9780429603242

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Legal Protection of Private Equity Investors in China by Chi Zhang Pdf

This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal–agent relationship between the PE investors and the fund manager, and the other is the principal–agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.

Author : Lin Lin
Publisher : Springer
Page : 200 pages
File Size : 55,7 Mb
Release : 2016-03-08
Category : Law
ISBN : 3642342590

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The Limited Partnership in China by Lin Lin Pdf

This book provides an in-depth legal examination of limited partnership in the context of China’s venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles. ​

Author : Chengwei Liu
Publisher : Kluwer Law International B.V.
Page : 360 pages
File Size : 48,8 Mb
Release : 2016-01-21
Category : Law
ISBN : 9789041160591

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Chinese Company and Securities Law by Chengwei Liu Pdf

China enjoys the highest level of foreign investment of any country in the world today. Yet, despite substantial liberalization in last decades, investment in China remains tightly circumscribed. For complex reasons stemming from China’s protection of its own internal economy, the government hedges foreign investments, either green field Foreign Direct Investment (FDI) or Mergers and Acquisitions (M&As), with a complex system of laws, regulations and guidelines, bristling with challenges and uncertainties for even the simplest investment or restructurings. This detailed, systematic explanation – by a practicing lawyer with over ten years experience at one of the top law firms in China – provides thorough and up-to-date guidance on the rules and procedures affecting FDI, M&As, and listings in China today. Focusing on such practical matters as key regulations, regulatory requirements, and transactional procedures and structures, the author leads the practitioner through the maze of interconnected national and local authorities, with expert knowledge of when and under what circumstances various rules apply and when they do not as well as practical skills on how to structure a particular deal under current regulations. Included in this superb analysis are detailed descriptions of such factors as the following: • establishment of a new Foreign Invested Enterprise (FIE), including a substantial review of the establishment of both common FIEs (either whole foreign ownership or joint ventures with Chinese parties) and particular FIEs (such as a foreign invested holding company, stock company or partnership); • the cross-border acquisition of a domestic company by foreign investors including the restructuring of existing FIEs by way of domestic re-investment or equity transfer or mergers; • the takeover of a PRC listed company by foreign investors through such ways as a Qualified Foreign Institutional Investor (QFII/RQFII) or strategic investment; • the acquisition of a State-Owned Enterprise (SOE), either listed or non-listed SOE; • the merger control review and national security review involved in an M&A transaction; and • the Initial Public Offering (IPO), follow-on offerings including private placement on Chinese capital market, as well as the issuance of corporate bonds in China. Since the year 2008 when the first edition was published, lots of significant developments were made in regard to the laws and regulations in FDI, M&As and capital market. Such developments and new regulations are given an up-to-date analysis in this second edition. For law firms advising companies on investing in China, or for in-house counsel, this book is without peer as a comprehensive, reliable and easy-to-use resource. At every stage of a project, from the initial business decision to problems arising after successful start-up and during day-to-day operations, it will provide clear, authoritative guidance for years to come.

Author : Lin Lin
Publisher : Cambridge University Press
Page : 357 pages
File Size : 47,5 Mb
Release : 2021-02-18
Category : Business & Economics
ISBN : 9781108423557

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Venture Capital Law in China by Lin Lin Pdf

Provides an in-depth comparative, empirical and critical analysis of the law and practice of venture capital in China.

Author : Yuwen Li,Cheng Bian
Publisher : Routledge
Page : 222 pages
File Size : 42,9 Mb
Release : 2022-03-11
Category : Business & Economics
ISBN : 9781000551655

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China’s Foreign Investment Legal Regime by Yuwen Li,Cheng Bian Pdf

China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.

Author : Yawen Zheng
Publisher : BRILL
Page : 307 pages
File Size : 49,9 Mb
Release : 2023-01-09
Category : Law
ISBN : 9789004534568

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China’s Foreign Investment Legal Regime by Yawen Zheng Pdf

Yawen Zheng evaluates China’s foreign investment legal regime’s guiding of its two-way investments towards the country’s development goals: building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making.

Author : Shoushuang Li
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 42,7 Mb
Release : 2007-03-08
Category : Law
ISBN : 9783540483779

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The Legal Environment and Risks for Foreign Investment in China by Shoushuang Li Pdf

The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.

Author : Ludwig Hetzel
Publisher : GRIN Verlag
Page : 37 pages
File Size : 47,8 Mb
Release : 2009-08
Category : Electronic
ISBN : 9783640400140

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The Protection of Minority Shareholders Under the New Company Law of the People's Republic of China by Ludwig Hetzel Pdf

Seminar paper from the year 2009 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: B+, Tsinghua University, language: English, abstract: 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.

Author : Daniel Chow
Publisher : Springer
Page : 600 pages
File Size : 40,8 Mb
Release : 2002-04-25
Category : Business & Economics
ISBN : STANFORD:36105060683468

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Primer on Foreign Investment Enterprises and Protection of Intellectual Property in China by Daniel Chow Pdf

This volume provides an in depth approach to issues and problems currently confronted by multi-national enterprises ("MNEs") and other large foreign investors in China. It examines legal, business, and strategic issues for foreign investors that are seeking to enter the China market and for those foreign investors already in China and seeking to expand or reorganize their operations. The volume takes an overall approach of the large foreign investor with a long term business plan for China and proposes a basic corporate structure for this investor. The structure involves a series of wholly foreign owned enterprises, joint ventures, and representative offices all under the control and ownership of one or more investment holding companies. Each of the entities in this structure are discussed individually and as part of an overall corporate conglomerate. The volume also examines the protection of intellectual property as a basic corporate business problem that should be part of the initial planning process as the foreign investor makes its initial move into China. Too often protection of intellectual property is not considered to be a priority until violations occur in China. Some prior planning and an emphasis on protecting intellectual property rights can be advantageous and help to avoid the serious problems that can later arise. This volume is written for those business and legal managers who are given heavy responsibilities for managing a China business but who lack a background in China. Because of the great interest in China by many MNEs, many business and legal managers are moving to China or are given additional responsibilities in the US for the MNE's new China operations. Many of these persons are expected to make decisions about a China operation even though they may lack even basic knowledge about the Chinese political, legal, and business environment. This is the first book written by an American lawyer designed to address this need.

Author : Matthias Beer
Publisher : GRIN Verlag
Page : 23 pages
File Size : 43,5 Mb
Release : 2013-09-11
Category : Law
ISBN : 9783656494829

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Legal Forms for Foreign Investors in China by Matthias Beer Pdf

Seminar paper from the year 2011 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1.7, University of applied sciences, Munich, course: MBA, language: English, abstract: Executive Summary: Investing in China is still considered as one of the most profitable business opportunities. On the one hand side the Chinese market brings around 1.3 billion new potential consumers and on the other an annual growth rate of around 10%, both are quite attractive for foreign investments. Moreover, the Chinese government is permanently improving the investment climate for foreign enterprises and investors by improving respectively building the required infrastructure or revising business laws and lowering market entry barriers for foreigners for instance. Investing in China is not only a subject for large and international enterprises but also for small and mid sized private companies. China’s progress in accepting market-oriented economic and business principles as well as their 2001 entry into the World Trade Organization (WTO) is attracting foreign investors the same way as a growing Chinese middle class and low labor costs. Companies of all sizes understand that by ignoring this prospering and huge market for their goods and services or by not taking ad-vantage of the latent labor arbitrage that they are risking to fall behind their competition. The assignment is providing some statistics on foreign investments in China, is dealing with a brief overview of the different industry areas for foreign compa-nies and investors in China and explains the main investment forms which can be considered for business establishment in China. The work is concluding with some general information about legal protections for foreign investors and the ITM checklist. Table of Contents: Executive Summary I List of Abbreviations III List of Figures IV List of Tables IV 1. Introduction 5 2. Foreign Investment Categories in China 7 3. Legal Forms for Foreign Investors in China 9 3.1. Joint Venture 9 3.1.1. Equity Joint Venture 10 3.1.2. Cooperative Joint Venture 10 3.2. Representative Office 10 3.3. Wholly Foreign Owned Enterprise 11 3.4. Holding Enterprises for Foreign Investors 11 3.5. “B” Stocks 12 4. Legal Protection of Foreign Investors in China 12 5. Conclusion 13 ITM Checklist 14 References 16

Author : Vai Io Lo,Xiaowen Tian
Publisher : Routledge
Page : 0 pages
File Size : 41,8 Mb
Release : 2005
Category : Business & Economics
ISBN : 1134344813

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Law and Investment in China by Vai Io Lo,Xiaowen Tian Pdf

The Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.

Author : Stephen L. Ritchie
Publisher : Unknown
Page : 0 pages
File Size : 53,9 Mb
Release : 2023
Category : Electronic
ISBN : 180449156X

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The Private Equity Review by Stephen L. Ritchie Pdf

Author : Wenhua Shan
Publisher : Bloomsbury Publishing
Page : 578 pages
File Size : 53,7 Mb
Release : 2012-06-14
Category : Law
ISBN : 9781847319654

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The Legal Protection of Foreign Investment by Wenhua Shan Pdf

The law of foreign investment is at a crossroads. In the wake of an unprecedented global financial crisis and a sharp surge of investment arbitration cases, states around the world are reflecting on the pros and cons of the current liberal investment regime and exploring new ways ahead. This book brings together leading investment lawyers from more than 20 main jurisdictions of the world to tackle the challenge of producing a first comparative study of foreign investment law. Based on the General and National Reports presented at the 'Protection of Foreign Investment' Session at the 18th International Congress of the International Academy of Comparative Law (Washington DC, July 2010), the book is a unique resource for investment lawyers. Part I of the book presents a comparative overview of key aspects of foreign investment protection in the world today, including admission, investment contracts, treatment standards, tax regime and incentives, performance requirement, property and expropriation, monetary transfer and dispute settlement. Part II presents in-depth and detailed accounts of the investment laws of more than 20 jurisdictions, including Argentina, Australia, Canada, China, Croatia, Czech Republic, Ethiopia, France, Germany, Greece, Italy, Japan, South Korea, Macau, Peru, Portugal, Russia, Singapore, Slovenia, Turkey, the UK and the USA. The book will be an invaluable guide to legal and business communities with an interest in the law and practice of foreign investment in the world in general and in these jurisdictions in particular.

Author : Xiuli Han
Publisher : Springer Nature
Page : 400 pages
File Size : 50,6 Mb
Release : 2022-08-26
Category : Law
ISBN : 9789811918827

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Legal Protection and Sustainability of Chinese Investments in Africa by Xiuli Han Pdf

This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.

Author : Kwek Ping Yong
Publisher : John Wiley & Sons
Page : 326 pages
File Size : 49,8 Mb
Release : 2012-01-12
Category : Business & Economics
ISBN : 9780470826546

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Private Equity in China by Kwek Ping Yong Pdf

Learn valuable lessons from the newly successful private equity players in China and explore the challenges and opportunities offered in Chinese markets The first book to deal with private equity finance in China, Private Equity in China: Challenges and Opportunities provides much-needed guidance on an investment concept that has so far proved elusive in Asia. Focusing on the opportunities that the Chinese finance market offers to private equity firms, the book shows how these firms can strategically position themselves in order to maximize success in this new marketplace. Private Equity in China includes in-depth case studies illustrating both successful and failed ventures by private equity firms operating in China, outlining the challenges faced by private equity firms in setting up new funds. It contains a collection of valuable experience and insights about acquiring companies and turning them around essential for any firm currently operating in, or considering entering, the Chinese market. Discusses the challenges faced by private equity firms in China including setting up the initial fund, fund raising, deal sourcing, deal execution, and monitoring and exit strategies Provides key insights drawn from keen observations and knowledge of the more mature private equity market in Western countries, analyzing the way forward for the Chinese private equity industry Discusses the role of renminbi-denominated funds in the development of the private equity industry in China Breaking new ground in exploring and explaining the private equity market in China, the book offers incredible new insight into how equity companies can thrive in the Chinese marketplace.