Understanding Chinese Company Law(Second Edition)

In China, the thirty-year economic reform reflects the process of moving from planned economy towards market economy. This could be seen from the changes in the 2005 Company Law, which recognizes the owners’ property rights and gives more freedoms to them to decide various matters. In this new edition, besides offering a systemic discussion of the nature of companies, the constitution of companies, the establishment of various companies, role and function of various parties in corporate governance, and corporate financing, Gu Minkang highlights the major changes in the 2005 Company Law, and addresses many new issues such as shareholders’ derivative action, American limited liability company, and asset restructuring of listed companies. Another important feature is a comparison between the 1993 Company Law and the 2005 Company Law that will facilitate reading and understanding.

This comprehensive and up-to-date presentation of Chinese company law will be of value to all who are involved in business with and in China and their legal advisors, and to students of Chinese company law.

Gu Minkang was born and educated in Shanghai, China. He earned his bachelor of law (1980–1984) and master of law degrees (1984–1987) from the East China University for Politics and Law. He was then a lecturer in law for five years at that university. He is now an associate professor, teaching Chinese and common law, at the City University of Hong Kong. He has also spent a year as visiting fellow at the Faculty of Law of the Ruhr University (Bochum, Germany), earned his doctor of jurisprudence degree at Willamette University College of Law (Oregon, USA) and a master of European business law degree at Aix-Marseille University (Aix-en-Provence), France.

"With the commencement of economic reform in China and the subsequent dramatic growth in its economy and private enterprise, company law has become of great importance. In this pioneering and comprehensive study, the author provides a clear picture of the major topics in Chinese company law." — Abstracts of Public Administration, Development, and Environment