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Essay / Research Paper Abstract
In this 3 page paper there is consideration of what type of law a foreign firm setting up in China may prefer; a unified law that treats domestic and foreign owned businesses the same, or one that treats the firms differently. The bibliography cites 4 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEchinalawc.rtf
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Unformatted sample text from the term paper:
Trade Organization and the general economic development which is taking place the country is attractive to potential foreign investors. The legal framework in China is complex, with different laws for
foreign and domestic companies, it may be argued that a preferable situation would be for law to be unified, so that both national and foreign were working under the same
legislative framework, and in recent years there has been increased pressures for China to more towards a higher degree of harmonization in terms of corporate law (Hopt, 2006). The
basis of company law in China is fragmented even in national terms. The national company law only applies to LLCs (limited liability companies) and joint stock companies, which are
companies limited by shares (CLSs) that are registered under company law. The law for these companies is made up of 13 chapters and 219 articles as such it is not
over reaching. Companies in China are regulated in a number of ways, including the way that they are incorporated, corporate finance, corporate governance, the way capital is raised, shareholder rights,
the transfer of shareholders equity interests and the duties and qualification of the company directors and well as regulating mergers and acquisition (Usa, 2008; Wang, 2007). In reality these may
be seen as areas where all countries have legislation in terms of the way corporations are monitors and controlled; however there are some differences in the actual regulation themselves.
The difficulty with China is the way that it has opened up to trade, many of the firms were government owned enterprises and even now many are still under state
control, as such this is reflected I the way that business law has evolved. In China there is no precedent set by case law, but there are mandates and interpretation
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