Financial Law and Business Operations

Author: Chen Changwen
Publisher:
Publish Date: 2003-01-01
Features:
1. Financial Law and Business Operations – Introduction
In the 21st century, business operators cannot succeed in the complex and ever-changing global commercial environment without a legal understanding. The mandatory nature of legal norms continues to play an active role in economic activities across legislative, judicial, administrative, and even international arenas. To become a competitive advantage for business operations, one must not only adapt, create trends, and pursue profits but also fulfill corporate social responsibilities to ensure sustainable development. This section covers the overall level of financial and business laws involved in business operations, focusing on key areas to provide a strategic asset (strategic asset) for business operators in both Taiwan and mainland China. By integrating business strategies with legal analysis, a policy analysis can be formed to maximize benefits and minimize risks, achieving business objectives.
2. Corporate Governance and Startups
Corporate governance (corporate governance) and startups have been highly discussed in business research over the past two decades. This section explores the meaning of corporate governance, compares the development of corporate legal systems in mainland China and Taiwan, and examines the relationship between corporate governance and corporate financing. It also introduces international perspectives on corporate governance and reviews several issues related to corporate governance in mainland China (e.g., listing standards for state-owned enterprises, the concept of external directors). Additionally, it discusses the industrial background, development status, and legal issues in startups, providing reference for business operators in both regions when facing legal adjustments.
3. Legal Awareness for Business Operations After Joining the WTO
With mainland China’s imminent entry into the WTO, businesses in both regions should prepare for the potential impacts. This section introduces the WTO’s core principles (most-favored-nation principle, national treatment principle, transparency principle), basic spirit (free trade, fair trade), and key agreements, enabling business operators in both regions to understand the legal implications and respond proactively.
4. Legal Planning for Cross-Border Mergers and Acquisitions
The global economy has been trending toward globalization, with talent, capital, technology, and markets no longer bound by traditional borders. Acquiring international talent, capital, technology, and markets is crucial for business operations, and cross-border mergers and acquisitions are an effective means. This section discusses the legal challenges businesses may face during cross-border mergers and acquisitions, helping operators in both regions to plan appropriately.
5. Legal Planning for Cross-Border Joint Ventures
The planning and execution of cross-border joint ventures involve complex legal issues. This section covers relevant laws and policies related to foreign investment in host countries, commercial negotiation topics for joint ventures, and common contractual clauses in cross-border joint venture agreements. It also discusses the impact of mainland China’s potential WTO membership on foreign investment and cross-border joint ventures, offering strategies for adaptation.
6. Trade Barriers and Industrial Competition – An Introduction to Anti-Dumping Practices and Defense Strategies
From the 1980s to the mid-1990s, Taiwan’s industrial structure evolved with economic transformation, becoming a major hub for contract manufacturing of global brands. Strong export competitiveness posed significant threats to competitors in Europe and the U.S. To exclude Taiwanese businesses, European and American industries often used anti-dumping measures as legal competitive tools. With mainland China’s rapid industrial growth, it has become the “world’s factory,” inevitably facing numerous anti-dumping investigations. This section uses practical experience in handling anti-dumping cases to explain legal requirements and practical issues, offering recommendations for the industry.
7. Management and Strategies for Cross-Border Intellectual Property Litigation
Disputes involving intellectual property have increasingly become international in nature, driven by the globalization of intellectual property protection. Facing the advantages of European, American, and Japanese countries in intellectual property and the threat of litigation, businesses in other countries must reduce risks, losses, and even countermeasures. For example, Taiwan’s VIA Electronics faced patent infringement lawsuits from U.S. Intel when entering the chipset and CPU markets. This section explores how Taiwan has responded, discussing management and strategies to gain favorable positions and mitigate risks.
8. Intellectual Property Licensing and Unfair Competition
In intellectual property disputes, the party claiming infringement often accuses the alleged infringer of violating its rights, while the accused party may counter by alleging that the rights holder has violated antitrust or anti-unfair competition laws. This section covers attack-defense strategies in intellectual property disputes, licensing negotiation tactics, key clauses in licensing agreements, and the relationship between intellectual property licensing and unfair competition, helping business operators understand legal boundaries and dispute resolution methods.
9. Competition Laws and Policies in a Market Economy
Competition laws in a market economy aim to prevent excessive concentration of market power to maintain free competition while regulating unfair competitive practices to ensure fair competition and order. China’s economic system is gradually shifting from a planned socialist economy to a socialist market economy. This section introduces the basic concepts of competition laws, antitrust and antimonopoly laws, and legal regulations on business combinations and mergers. It also explores how Chinese businesses can adapt and make decisions when facing market economy competition laws.
10. Legal Planning for Infrastructure and Project Financing
Public-private partnerships (PPP), such as BOT (Build-Operate-Transfer), have become a trend in infrastructure development worldwide, leveraging private flexibility and capital to accelerate construction and operations. However, due to the massive amounts involved and risks from factors like lack of experience, talent, or legal frameworks, this model can introduce risks. This section analyzes BOT projects from a risk management perspective, proposing control measures to minimize impacts and maximize benefits for public works.
11. Resolving International Commercial Disputes
International commercial disputes are inevitable in global business operations. This section uses two case studies to discuss alternative dispute resolution (ADR) methods, comparing and analyzing the pros and cons of business coordination-oriented and rights-obligation-oriented models. It also examines factors to consider when choosing a resolution model and strategies businesses should adopt based on their positions in disputes. Finally, it reviews and suggests preventive measures for international disputes.