Legal Analysis and Application Integration of Enterprise Restructuring (Volume 1 and 2)

Author: Li Guoguang
Publisher:
Publishing Date: 2005-10-01
Features:
1. With the establishment of the principle of a socialist rule of law state and the development of a socialist market economy system, an increasing number of social and economic relationships require the use of legal means for regulation. To this end, national legislative bodies have successively promulgated and implemented a series of important laws, while administrative organs and judicial organs have issued a substantial number of administrative regulations, departmental rules, and judicial interpretations. China has also concluded or participated in many international conventions. Due to the wide categories, multiple levels, and large volume of these laws and regulations, as well as their frequent amendments, revisions, and abolitions, legal professionals face numerous difficulties when searching for and applying specific provisions of relevant laws and regulations. In light of this, we organized experts and scholars from the Supreme People's Court, relevant ministries and commissions of the State Council, and universities to compile this "Common Laws Decomposition and Application Integration Series." This series breaks away from the traditional listing format of legal compendia and adopts a classified compilation method. It takes commonly used laws as the main framework, decomposes and combines them into specific legal issues based on the logical connections between legal provisions, and organizes related laws, regulations, departmental rules, judicial interpretations, and legislative explanations in one place. This allows readers to quickly and comprehensively find all specific provisions of laws related to a particular issue. Thus, the vast and complex legal provisions are transformed into an interconnected, coherent, and conveniently applicable whole.
2. The "Enterprise Restructuring and Reorganization Legal Decomposition and Application Integration" is structured around the "Company Law of the People's Republic of China," the "Notice on Forwarding the Opinions of the State Council State-owned Assets Supervision and Administration Commission on Standardizing the Reform of State-Owned Enterprises" from the General Office of the State Council, the "Interim Provisions on the Management of State Capital and Financial Treatment in the Course of Enterprise Company Conversion," and the latest judicial interpretations of the Supreme People's Court. It systematically decomposes and integrates relevant legal provisions, administrative rules, and regulations. The book is divided into 14 chapters and 91 categories, including General Provisions, Enterprise Company Conversion, Enterprise Cooperative Conversion, Enterprise Division, Enterprise Debt-to-Equity Conversion, Enterprise Sale, Enterprise Merger, Enterprise Contracting, Leasing Operations, and Joint Ventures, Transfer of State-owned Equity during Enterprise Restructuring, Separation of Main and Secondary Business Activities during State-Owned Enterprise Restructuring, Asset Verification and Appraisal during Enterprise Restructuring, Land Assets during Enterprise Restructuring, Labor Relations during Enterprise Restructuring, and Business Registration Management during Enterprise Restructuring.
3. All relevant laws, regulations, and departmental rules in this book are included either in full or as excerpts, depending on the circumstances. If multiple issues involve the same document (or the same legal provision), they are appropriately repeated to reduce the inconvenience of searching and flipping through pages. Documents that are not suitable for decomposition are arranged together with the more significant issues they relate to. For less significant issues, the "See" method is used.
4. The organization of this book is designed to minimize repetition and facilitate easy reference. However, due to the limitations of the compilers, there may be various omissions. We sincerely invite readers to point out any errors or shortcomings. "With the 'Integration' in hand, there is no need for anything else" is the guiding principle of this book. We hope it becomes a valuable legal reference tool for readers, providing convenient access and accurate application of laws.