This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

Offers a clear and practical guide to the proper corporate governance and company structure in China The most cutting-edge book on corporate governance in China on the market Provides a broad perspective based on the coming reform in China Includes supplementary material: sn.pub/extras

Autorentext

Giovanni Pisacane, GWA's Managing Partner, is an Italian business lawyer specializing in international practice. He has been practicing as a business lawyer since 1996 and has extensive experience in arbitration and mediation. He completed a Masters in Private International Law at The Hague Academy in the Netherlands, and in 2004, he founded GWA Law, Tax and Accounting in Shanghai. He was appointed as a Special Advisor for Italy-China business relations by the Italian Ministry of Economic Development. Daniele Zibetti is a business lawyer based in Shanghai since 2006, and is expert on M&A, commercial law and especially on international arbitration. He is a partner in GWA, and has worked as an advisor for several investment projects and dispute resolutions between China and Hong Kong. Daniele Zibetti is author and co-author of numerous publications on Chinese commercial law in both Italian and English, and is also member of ECLS (European China Law Studies Association).

Inhalt
Sources of Law on Corporate Governance.- Companies under Chinese Law.- Incorporation and Articles of Association.- The Shareholders.- The Legal Representative.- The Board of Directors.- The Board of Supervisors.- The General Manager.- Annual Compliance: Annual Reports and Approval of Financial Statements.- Company Seals.- Particular Nuances of Corporate Governance: State-Owned Companies and Family-Owned Companies.