In the progress of developing and perfecting the Chinese company laws, we have set the corporate governance ourselves through transplanting the advanced concepts and theories of overseas laws.
However, drawing the company constitution forms a simply model of copying the company laws and the regulations made by the government and the demonstrate texts, which cannot reflect the real meaning of company managing and the establishment among the investors.
By contrast, it is not operated with a satisfied result in reality, not only because the Chinese company laws are not clearly enough, specifically enough and not easy to operate, but also because there are serious shortcomings in general system of Chinese company administration structure and many problems such as "big shareholders control shareholders' conference" "board of directors can't function effectively" "independent director is not independe nt" "board of supervisors doesn't supervise".
The implement of supervisor's obligation must take the responsibility as the guarantee, howeve r the definition of supervisor's responsibility in our country's company laws an d regulations is too sketchy.
There are mang malposition between some of the current company laws and the application system of company and these malposition has hindered the development of compay in high degree.
Corporate governance is defined as a system which consists of the mechanism of corporate governance insider and outsider corporation ,company laws and supervision system of government in this article.
As one of the most important rights in a company, shareholder's right to vote has been proscribed and defined in all the countries' company laws in order to assure company owner's positions undamaged.
In chapter II and chapter III, the writer respectively discusses the inevitable appearance of the division of power and restriction of company 's control structure in China, the provisions about it in the modern company laws, and its function and choice of value.
Company laws and corporate governance models in different countries have evolved in specific historical, cultural, market and legal conditions that prevent their direct transplantation elsewhere.
The principal division in the company laws is between private and joint stock companies.
Their task was to examine the existing company laws and make their recommendations towards a more efficient code.
In some commercial legal areas, such as pledge and company laws, SEE countries are perceived as close to or on a par with EU accession countries.
In Former Soviet Union countries the maximum subscription period allowed under joint stock company laws is usually 6 months.
Abstract The protection of the rights and interests of the creditors of a company has always been an issue for concerm by China's Company Law, since the establishment of the limited liability system prevents the creditors from having access to the shareholders' private properties and wealth. China's Company Law stipulates three basic ways of protecting the creditors' rights and interests. However, due to the drawbacks in some provisions of the Company Law, the effect that should have been achieved with the threc...
Abstract The protection of the rights and interests of the creditors of a company has always been an issue for concerm by China's Company Law, since the establishment of the limited liability system prevents the creditors from having access to the shareholders' private properties and wealth. China's Company Law stipulates three basic ways of protecting the creditors' rights and interests. However, due to the drawbacks in some provisions of the Company Law, the effect that should have been achieved with the threc ways is weakened. Therefore, some provisions in China's Company Law which are disadvantageous to the creditors should be removed, and new prineiples emphasizing the rights and interests of the creditors should be set up, so as to improve the legal protection of the creditors. Only in so doing can China synchronize with the development of modern company laws in the world and modernize its own company law.
Abstract The construction of the board of directors of the company limited by shares is associated with the appointment and qualification of directors,the size of the board of directors and its reconstruction,and the appointment of leaders and setting up of offices etc.Chinas Company Law has adopted the general rules of other countries company laws,but there are still big problems in constructing the board of directors,which shows the incompatibility of legislation to the company practice.This...
Abstract The construction of the board of directors of the company limited by shares is associated with the appointment and qualification of directors,the size of the board of directors and its reconstruction,and the appointment of leaders and setting up of offices etc.Chinas Company Law has adopted the general rules of other countries company laws,but there are still big problems in constructing the board of directors,which shows the incompatibility of legislation to the company practice.This article deals with these problems and makes some proposals for the solution of these problems.
To date, three different capital formation systems have been established within the scope of the company laws thronghout the world. They are Statutory Capital System, Authorized Capital System and Approral Capital System. They are different in content and each has its advantages and disadvantages. In China, the companies practise a characteritic Factual-paid Capital System,while foreign-funded enterprizes practise the Acceptant-paid Capital System which differs from the company law. The persent...
To date, three different capital formation systems have been established within the scope of the company laws thronghout the world. They are Statutory Capital System, Authorized Capital System and Approral Capital System. They are different in content and each has its advantages and disadvantages. In China, the companies practise a characteritic Factual-paid Capital System,while foreign-funded enterprizes practise the Acceptant-paid Capital System which differs from the company law. The persent capital formation system in our country is of inevitablity and certain rationality. However, in the long run, a more animated Approval Capital system is preferred on the basis of a united company capital system.
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