Chinese company law draft amendments: strengthening directors' duties and improving shareholders' protection

Fang Ma

Chinese company law draft amendments: strengthening directors' duties and improving shareholders' protection

Fang Ma

School of Law

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Abstract

The Company Law of the People’s Republic of China (First Draft Amendment) was published in December 2021 and following public consultation, the Second Draft Amendment was published in December 2022. They propose significant changes to the current Company Law 2005. This paper explores the rationale for the current law reform and analyses the proposed changes in relation to directors’ duties and the protection of shareholders’ interests. It also includes a comparative analysis of the Companies Act 2006 in the UK in order to draw lessons for future company law reforms in China.

Original language	English
Pages (from-to)	240-249
Journal	International Company and Commercial Law Review
Volume	34
Issue number	4
Publication status	Published - 3 Apr 2023

Keywords

China
Directors' powers and duties
Shareholder protection

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Company law reform 2022- FM final (post print)
This is a pre-copyedited, author-produced version of an article accepted for publication in International Company and Commercial Law Review following peer review. The definitive published version: Fang Ma (2023). 'Chinese company law draft amendments: strengthening directors' duties and improving shareholders' protection'. International Company and Commercial Law Review, 34(4), 240-249, is available online on Westlaw UK.
Accepted author manuscript (Post-print), 50.3 KB

Cite this

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AB - The Company Law of the People’s Republic of China (First Draft Amendment) was published in December 2021 and following public consultation, the Second Draft Amendment was published in December 2022. They propose significant changes to the current Company Law 2005. This paper explores the rationale for the current law reform and analyses the proposed changes in relation to directors’ duties and the protection of shareholders’ interests. It also includes a comparative analysis of the Companies Act 2006 in the UK in order to draw lessons for future company law reforms in China.

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KW - Shareholder protection

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Chinese company law draft amendments: strengthening directors' duties and improving shareholders' protection

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