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Home Tags Posts tagged with "Company law"

Tag: Company law

Splitting gains and losses in void nominee shareholding

By Zuo Yuru and Xin Xiangrong, Zhong Lun Law Firm

When a nominee shareholding agreement is void, how do courts decide ownership, divide gains, and allocate losses?

How to recognise a nominee shareholding arrangement

By Yi Xiangming and Yang Yue, Zhong Lun Law Firm

Shareholder agreements: Validity, limits and evolving rules

By Jiang Xuan and He Lingyu, Zhong Lun Law Firm

Proportionate liability

This column discusses proportionate liability and the written law that governs the concept in common law jurisdictions and the Chinese mainland

Jia Yuan adds capital markets partner in Hong Kong

Jia Yuan Law Offices has hired Echo Shen as a partner at its Hong Kong office

Importance of evidence organisation to a court’s application of law

By Liu Jun and Jin Ronghua, Kangda Law Firm

Even without an entry in the shareholder register, an equity transferee may still be treated as a shareholder

Determining shareholder status in equity transfers

By Huo Jincheng and Wang Xuechen, Kangda Law Firm

A co-shareholder sued to void a multibillion-renminbi equity transfer on right-of-first-refusal grounds

Loeb & Loeb recruits investigations partner for Greater China

Loeb & Loeb has hired Phoebe Yan as a partner in its Beijing and Hong Kong offices to strengthen its investigations and regulatory practices across Greater China

Counselling counsel

Weir legal director offers simple psychological tips for in-house counsel

Stephenson Harwood starts strategic co-operation with W&H

Stephenson Harwood has formally launched a co?operation with PRC peer W&H Law Firm, covering business collaboration, knowledge sharing and talent development

Firms assist Eastroc Beverage on HKD10.1bn HKEX IPO

Health drinks producer Eastroc Beverage has debuted on the HKEX, raising HKD10.1 billion. HSF Kramer, DeHeng , Jia Yuan and O’Melveny advised on the listing

Judicial logic behind shareholder derivative actions

By Zhao Hanqing and Pan Hongkun, Trophy Law Firm

When corporate governance falters, how should courts respond?

Shaping litigation in India and Taiwan

While India expands its dispute resolution toolkit through arbitration and regulatory reform, Taiwan is sharpening efficiencies with court fee changes and mediation-first approaches

Dispute resolution in India: Courts, contracts, commercial justice

By Shiraz Patodia and Juhi Chawla, Dua Associates

Seeking company resolution validation

By Zuo Yuru and Zhang Huan, Zhong Lun Law Firm

Bird & Bird adds partners in Hong Kong and Shenzhen

Bird & Bird has recently expanded its Greater Bay Area team with the addition of two partners, Lucia He in Shenzhen and Katherine Cheung in Hong Kong

Joint and several liability for capital increase defects

By Li Yansheng and Xu Chuanyuan, Guantao Law Firm

In bankruptcy if a shareholder cannot cure defective capital, creditors may seek joint and several liability from others

Baijus opens Nanning office to bolster nationwide presence

Chongqing-headquartered Baijus Law Firm has officially launched the Nanning office, marking the firm’s 10th branch nationwide

Determining liable ‘illicit gains’ from fiduciary breach

By Jiang Xuan and Xin Xiangrong, Zhong Lun Law Firm

Cross-border debt recovery: Lessons from a guarantee dispute

By Armstrong Chen and Wang Xin, Dacheng Law Offices

As global finance integrates, Chinese firms often secure offshore loans or bonds backed by outbound domestic guarantees

Grandway adds IP partners for Shenzhen and Suzhou offices

Grandway Law Offices has hired Liu Zhiwei and Cao Jian as partners in Shenzhen and Suzhou to boost its IP practice

Research, recalibrate, repeat

Market shakeups lead to increasingly complex dispute issues and novel investor strategies to resolve them

Institutional law reform

Law reform bodies play key roles in updating legal systems in common law jurisdictions and the PRC

Disproportionate capital reduction under the new Company Law

By Zuo Yuru and Yang Yue, Zhong Lun Law Firm

When civil meets criminal: Resolving finance conflicts

By Liu Jun, Kangda Law Firm

The article explores how civil and criminal laws intersect in financial disputes, emphasizing asset recovery, liability, and litigation strategy

No time to rest

The Revenue of 111 Chinese law firms depicts a struggling legal market and a rampant race for survival

Risk boundaries of dual controllers under Company Law

By Liu Jing and Gao Xiya, Han Kun Law Offices

The article examines the liability boundaries of dual controllers, de facto and shadow directors under China’s revised Company Law

Han Kun Singapore brings in dispute resolution partner

Han Kun hired Jerald Foo as partner in Singapore to strengthen its cross-border dispute resolution work in Southeast Asia

Typewriters and the law

Artificial intelligence (AI) has started to revolutionise many workplaces and businesses

Directors’ call for capital independence

By Jiang Xuan and He Lingyu, Zhong Lun Law Firm

Chinese businesses’ response to rising eco-liability

By Wang Weining and Fan Yun, Starrise Law Firm

M&A in Indonesia: Risks, Rewards and Roadmaps

By Eva Djauhari, Bondan Nugroho And Wilson Fu, DeHeng ARKO Law Office

With Indonesia emerging as a prime destination for foreign investment, M&A offers a strategic gateway, although not without legal complexities

Determining company and mining rights transfers

By Luo Peijun, Anli Partners

Navigating laws on joint ventures

Foreign and local investors face numerous regulatory hurdles when embarking on joint ventures in India and Taiwan  

JV structures and regulations in Taiwan

By Derrick Yang and Yu-Ting Su, Lee and Li

Guide to foreign joint ventures in India

By Rajarshi Chakrabarti, Savitha Jagadeesan and Sameena Jahangir, Kochhar & Co

Regulatory movements on corporate governance

Mainland China, Hong kong, Japan and Taiwan have run the ruler over legislation, streamlining clunky laws to improve frameworks on company Management

Overview of China’s governance mechanisms

By Jin Hong (Cathryn), JunHe

Taiwan aligns governance laws with global benchmarks

By Derrick Yang, Lihuei Mao And Judy Lo, Lee and Li

Restructuring and insolvency laws in Taiwan

By Derrick Yang and Vivian Cheng, Lee and Li

Feasibility of foreign shareholders initiating dual derivative action

By Zuo Yuru and Zeng Heng, Zhong Lun Law Firm

Reviewing related-party transaction damage liability disputes

By Huang Wenjun and Wang Yi, Ronly & Tenwen Partners

In-house Counsel Awards 2025

In-house counsel roles keep evolving. Which standout teams and GCs have led the way over the past year?

Share ownership

Shares as property: when ownership transfers under an equity deal is the focus of this column.

Audit committee systems: Introduction and practice

By Jiang Lu and He Linhua, Ronly & Tenwen Partners

China’s 2023 law introduced audit committees for better financial oversight and governance

ESG’s gradual integration into Malaysia’s financial sector

By Pamela Kung and Sathya-Kumardas, Shearn Delamore & Co

Burden of proof for one-person company assets

By Liu Xin, DOCVIT Law Firm

Structuring and identification of FIE’s highest authority

By Li Ying and Wang Zizheng, Anli Partners

Liquidation liabilities under new Company Law

By Zuo Yuru and Wang Zhongyu, Zhong Lun Law Firm

15 remarkable years

CBLJ marks a milestone as founder Kelley Fong reflects on its vision, journey, and guiding ethos for the future

Supplementary contribution liability of equity transferors

By Yi Xiangming and Zhou Yueqin, Zhong Lun Law Firm

Insolvency: from crisis to reform

China’s slowing economy highlights insolvency challenges, including outdated laws, cross-border issues, and resistance to change

A practical analysis of equity-settled incentive disputes

By Shaw Zhao and He Yanling, Jingtian & Gongcheng

How horizontal corporate veil-piercing now benefits creditors

By Jiang Xuan and Li Jiaxun, Zhong Lun Law Firm

Chinese contract law and smart contracts

This column explores smart contracts, their use in China, Chinese legal views, and how they fit under Chinese contract law

Lexicon: 150

Lexicon's 150th column celebrates Chinese legal pioneers in common law jurisdictions, reflecting on their lives & achievements

Derivative arbitration by shareholders under Common Law

By Liu Long and Kuang Chen, Han Kun Law Offices

Appointing DSOs under the new Company Law

By Li Zhiyong, Grandway Law Offices

New exits for shareholders under revised Company Law

By Zuo Yuru and Jing Nanheng, Zhong Lun Law Firm

The revised Company Law offers new shareholder exit mechanisms, including share repurchase and compulsory deregistration

How forced deregistration impacts civil proceedings

By Liu Mei, Anli Partners

Arbitrating disputes involving dissolution of a partnership

Dissolution of a partnership is one way a partner can withdraw from a partnership

Arbitration dilemmas of one-person company with sole shareholder

By Li Fei, Langfang Arbitration Commission

Shareholders’ right to information under new Company Law

By Yi Xiangming and He Lingyu , Zhong Lun Law Firm

Exploring creditor protection paths under new Company Law

By Zhang Zheng and Chu Wenqin, Guantao Law Firm

New developments in fintech laws

An update of regulatory amendments and trends in mainland China, India and Taiwan

Resolving the blame game

China’s recent surge of equity-related disputes reflects testing economic times – and the importance of swift, effective resolution

Sharing the load

In-house counsel roles vary by industry, but growing regulations and geopolitical shifts now bring a shared experience

Merging SOEs under the new Company Law (part 2)

By Zhang Dandan, DOCVIT Law Firm

DSOs’ duties and liabilities under new Company Law

By Jiang Lu and Xu Ke, Ronly & Tenwen Partners

Acceleration of capital contributions under new Company Law

By Jiang Xuan and Wang Zhongyu, Zhong Lun Law Firm

Wealth management developments in China

By Hengka (Henry) Ji and Xin (Amber) Guan, Zhong Lun Law Firm

China's shift to high-quality development requires wealth planning for high net worth individuals

Challenge: Appointing employee director under new Company Law

By Georgu Lu and Tara Tang, Lanbai Law Firm

Understanding the valuation adjustment mechanism

By Liang Qiang and Gong Youchao, Zhong Ce Law Firm

Merging SOEs under the new Company Law (part 1)

By Zhang Dandan, DOCVIT Law Firm

Designing joint venture equity structures in Indonesia

By Gloria Hu, Zhilin Law Firm

Hong Kong opens doors to foreign company redomiciliation

By Rossana Chu, YYC Legal

Case analysis: retroactive application of new Company Law

By Zuo Yuru and Wang Zhongyu, Zhong Lun Law Firm

Obstacles and risk control in executing share buyback agreements

By Cui Qiang, Commerce & Finance Law Offices

Overview of corporate dispute resolution under new Company Law

By Yi Xiangming and Zeng Heng, Zhong Lun Law Firm

Adding shareholders as judgment debtors

By Liang Muzhou, ETR Law Firm

Joining forces

Foreign investment is welcome in joint ventures, however each jurisdiction has its own unique rules

Structure and regulation of Sino-foreign joint ventures

By William Qiu, Johnson Zhu and Yuanyuan Tao, Zhong Lun Law Firm

Malaysia’s moves to keep directors above board

By Chan-Xian-Ai, Koay Su Ling and Mohammad Iliyas Razali, Zaid Ibrahim & Co (in association with KPMG Law)

M&A mechanisms

Most law firms are bullish about anticipated upticks in M&A activity

Corporate governance laws foster investment in Taiwan

By James Hsiao and Iting Huang, Dentons

Significance, characteristics of M&A structures in Japan

By Yusaku Akasaki, Jun Niizawa and Daigo Kawano, Chuo Sogo LPC

Defending creditors’ rights under new Company Law

By Ethan Zhang and Nea Liang, Joint-Win Partners

Classified share system post Company Law implementation

By Qiao Zhaoshu, Huang Zhaoyan and Miao Miao, DOCVIT Law Firm

New Company Law reforms capital system

By Grace Zhao and Wendy Wang, Brightstone Lawyers

Three major amendments to new Company Law in taxation

By Wu Jiayu and Li Tong, Blossom & Credit Law Firm?

New Company Law offers exits for minority shareholders

By Yang Liqun, Zhilin Law Firm

Peer power

Legal team leaders from Caocao, China Power, Shaeffler, SAIC-GM and Taikang share their outlooks for 2024

Draft capital contribution rules under new Company Law

SAMR issued draft regulations to implement the five-year capital contribution term for LLCs, effective from 1 July 2024

First regulations for mandatory carbon market

On 25 January 2024, the State Council issued the Interim Regulations on Carbon Emissions Trading, effective 1 May 2024

Challenges in reducing subscribed registered capital

By Zhao Xun and Guo Kaihang, Grandway Law Offices

Company Law amendments: highlights and shortcomings

By Wu Dong and Wang Zhengqian, Hui Ye Law Firm

Early management of legal risks in startup equity financing

By Zou Chunpeng, DOCVIT Law Firm

JunZeJun sets up in Shenyang, expanding in China’s northeast

JunZeJun Law Offices has unveiled a new branch in Shenyang, Liaoning province, to broaden its reach within northeast China

Are husband-and-wife and one-person companies the same?

By Xie Yang and Chen Yuqi, Zhilin Law Firm

Governance and foreign-invested enterprises under new Company Law

By Zhou Le, Blossom & Credit Law Firm?

Revamp of corporate capital regime under revised Company Law

By Calvin Yang and Zhuang Yuan, ETR Law Firm

What new Company Law means for foreign investment in China

On 29 December 2023, the Standing Committee of the National People’s Congress of China promulgated the amended Company Law

Key concepts analysis of new Company Law

By Dai Haiying, W&H Law Firm

Countdown for insurers under Foreign Investment Law

By Elsie Shi and George Yu, Jincheng Tongda & Neal

Obstacles, countermeasures to capital reduction by foreign investors

By Joyce Zhang and Aurora Zhang, Llinks Law Offices

Unlocking power of equity governance for listing companies

By Zhao Xun, Grandway Law Offices?

Path of proof in cases of corporate surplus distribution

By Pan Dingchun and Shui Zhenyu, Ronly & Tenwen Partners

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