History of the Chinese Corporate Law and the Companies Act, 2005

Submitted by Mestnikov on Thu, 06/19/2008 - 09:13.

General Discussion

Dedar Colleagues,

Could you please advise when I can obtain some general information on the history of the Chinese Corporate Law and to get a PDF copy of the last version of the China Companies Law.

Thank you in advance,

Best,
Viktor

The latest version of China

Submitted by ZhongYi on Thu, 06/19/2008 - 10:10.

The latest version of China Company Law I have to respond to your in Email,
on http://www.5izy.cn/articles/index_9.html, that has some information on the history of the Chinese Corporate Law, but all articles are Chinese.

Dear Steven, I have one

Submitted by Mestnikov on Tue, 07/08/2008 - 11:22.

Dear Steven,

I have one issue re. New Companiy Law/One-person LLC. In accordance with Article 59, one natural person is allowed to establish merely one one-person LLC....
Is this restriction applied to the legal entities?

Thank you in advance,

Regards,

Victor

Dear Mestnikov, I'm

Submitted by Katherine on Fri, 07/11/2008 - 08:06.

Dear Mestnikov,

I'm Katherine, Mr.Zhong's assistant.

About your question, there’s no such express provision in the Company Law and relative judicial interpretation. Therefore, according to the jurisprudence, the legal entities are not restricted form establishing more than one one-person LLC.

It's my own idea just for your reference.

Hello, Steven! Could you

Submitted by Mestnikov on Thu, 07/03/2008 - 06:38.

Hello, Steven!

Could you please assist me on the following issue. In Article 41 of the General Principles of the Civil Law of the People's Republic of China there is a wording: "enterpsise owned by the whole people or under collective ownership". I've tried to interprete it into russian, but not sure I've made it correctly. What does it mean? It seems to me that in first case (owned by the whole people) we deal with enterpsise owned by the individuals and when we speak about enterprise owend by the collective ownership we mean the enterpsise owned by, for example, another company. Is it correct?

And what is the role of the General Principles as the source of the PRC corporate legislation? Is it actually the source of corporate legislation?

Could you please help?

Thank you in advance.

Best,

Victor

My personal ideas about your

Submitted by ZhongYi on Fri, 07/04/2008 - 07:37.

My personal ideas about your questions are as follows:

In Article 41 of the General Principles of the Civil Law,
 The idea of ‘enterprises owned by the whole people’ came from the former Soviet Union. It focuses more on the political elements. The relationship between the enterprises owned by the state and the enterprises owned by the whole people is the two different interpretations on two aspects. They are not within the scope of Company Law of PRC. However, some articles of Company Law are related to the activities of enterprises owned by the state.
 ‘Collective ownership’ is one form of public ownership. It includes rural collective enterprises. And it means that the enterprise is owned by the whole working masses of towns and rural areas.

The Company Law is the separate law regulating company activities. The General Principles of the Civil Law is not the main source of Company Law.

I hope my answer may be more or less helpful to you. Let’s keep in Contact.

Basic Corporative Legislation Acts

Submitted by Mestnikov on Mon, 06/23/2008 - 06:36.

Dear Zhong!

Could you please advise me on the basic laws of China which jointly constitute the Corporate Legislation of China? Is it possible to get the copies of such acts in PDF? Including, of course, the Constitution of the Republic of China, which provides the main rules to regulate the all spheres of political, economic and social relations in the Republic.

I would also like to clarify the structure of the Court System of China, particularly, of the Courts which resolve the commercial disputes between resident companies and between resident and non-resident companies. Where can I search for the cases?

Thank you in advance,

Victor

Thanks

Submitted by Mestnikov on Thu, 06/19/2008 - 10:45.

Thank you, Zhong. Unfortunately, I do not speak Chinese (nevertheless i am going to start to learn it). So, it will be a good reason for starting leargnin Chinese.