Company Law and Related Regulations: Interpretation and Analysis (3rd Edition) -

Author: Tang Huade
Publisher:
Publish Date: 2005-08-01
Features: The modern enterprise system is a property rights-clear, responsibilities-defined, government-enterprise-separated, and scientifically-managed enterprise system that adapts to the requirements of modern large-scale production and the socialist market economy. It is the direction of China's enterprise system reform. Among modern enterprises, the company is the most important and typical organizational form. However, the spontaneous role of companies has inherent flaws. Only companies established, organized, and operated in accordance with the company law norms that meet the market economy requirements can fulfill the expected role of the modern enterprise form in the market economy. The People's Republic of China Company Law was promulgated in 1993. Its implementation has played a positive role in establishing the modern enterprise system, standardizing the organization and behavior of companies, protecting the legitimate rights and interests of companies, shareholders, and creditors, maintaining the social and economic order, and promoting the development of the socialist market economy.
With the gradual establishment and improvement of the socialist market economy system, the behavior patterns of companies have undergone significant changes, and corresponding legislative documents have been continuously issued. For example: Measures for the Administration of Company Registration under the People's Republic of China Company Law (June 24, 1994), Provisional Regulations on the Use of Foreign Investment to Reorganize State-Owned Enterprises (November 8, 2002), Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Disputes Related to Enterprise Reform (January 3, 2003), Provisional Regulations on the Supervision and Administration of State-owned Enterprise Assets (May 27, 2003), Notice of the China Securities Regulatory Commission and the State-owned Assets Supervision and Administration Commission of the State Council on Several Issues Concerning the Regulation of Capital Transactions between Listed Companies and Related Parties and the External Guarantees of Listed Companies (August 28, 2003), Measures for the Asset Verification of State-Owned Enterprises (September 9, 2003), Opinions of the State-owned Assets Supervision and Administration Commission of the State Council on the Regulation of State-Owned Enterprise Reform Work (December 16, 2003), Provisional Measures for the Administration of the Transfer of State-owned Equity (December 31, 2003), The People's Republic of China Securities Law (August 28, 2004), Provisions on the Registration Procedures for Enterprises (June 10, 2004), Detailed Rules for the Business Handling of the Transfer of Non-tradable Shares of Listed Companies (December 31, 2004), and so on. These regulations have undoubtedly enhanced the operability of this law.
On December 25, 1999, the 13th Session of the Standing Committee of the Ninth National People's Congress and on August 28, 2004, the 11th Session of the Standing Committee of the Tenth National People's Congress respectively passed the Provisions on Amending the... In recent years, the State Council has issued a series of administrative regulations related to the Company Law; the Ministry of Finance, the State Economic and Trade Commission, the State Administration for Industry and Commerce, the Ministry of Foreign Trade and Economic Cooperation, and the China Securities Regulatory Commission have also issued a series of administrative rules related to the Company Law.
To accurately understand the legislative intent and interrelationships of the Company Law and its regulations, and to correctly apply them in business operations, administrative law enforcement practice, and judicial practice, the Supreme People's Court, the Supreme People's Procuratorate, the State Administration for Industry and Commerce, and other relevant personnel from the practical and theoretical fields have written this New Interpretations and Solutions of the Company Law and Its Regulations. Based on years of administrative law enforcement and judicial practice in the Company Law and mature theories, this book takes the Company Law as the core, combines relevant laws and regulations, and presents the latest achievements in administrative law enforcement, judicial practice, and theoretical research since the promulgation and implementation of the Company Law.
This book comprehensively summarizes the latest achievements in administrative law enforcement, judicial practice, and theoretical research since the promulgation and implementation of the Company Law, making it the most up-to-date work in China for systematically studying and interpreting this law and its regulations. The relevant provisions are placed after the corresponding articles of the Company Law and explained together, enhancing the practicality and operability of the book. This is the third edition. To ensure the content reflects the times, we have comprehensively revised the entire book based on the aforementioned new regulations. In this edition, we have supplemented and explained a large number of newly promulgated laws, administrative rules, judicial interpretations, and administrative explanations; removed outdated provisions; and, for currently effective regulations, summarized them in a comprehensive, systematic, and concise manner to prevent excessive length.