What signals is new Company Law sending to market?
Since its implementation on 1 July 1994, the Company Law has played a crucial role in China’s reform and opening up, effectively achieving the legislative goal of encouraging investment. To date, more than 40 million companies have been established, and nearly 10,000 public companies are listed on the Shanghai, Shenzhen and Beijing stock exchanges, as …
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Tighter listing rules on main boards fuel favour for fledgling BSE
As a crucial component of China’s multi-tiered capital market, the Beijing Stock Exchange (BSE), established in September 2021, is approaching its third anniversary. According to official data, 239 companies with a total market value of RMB449.64 billion (USD62.73 billion) and average price-to-earnings ratio of 24.20 were listed on the BSE by the end of 2023. …
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New rules on listed companies’ governance
The separation of ownership and control creates agency problems that underpin the need for robust corporate governance in listed companies. As research evolves, governance frameworks increasingly address balancing interests between majority and minority shareholders, as well as between shareholders and external creditors. Unlike private small and medi um-sized enterprises, which often rely on principle-based regulations …
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Navigating legal challenges facing construction project owners
With large contractors dominating the market, SME owners are confronted by higher hurdles in construction disputes, making contract management and legal strategy crucial
How can Chinese firms defend IP rights in overseas trades?
In an increasingly complex international environment, Chinese enterprises are facing ever greater challenges in carrying out trade activities abroad. Intellectual property (IP), as a key area of concern for all countries, has become an essential matter with which enterprises going abroad must deal.
Establishing compliance system for corporate data assets
Amid an unprecedented digital wave engulfing all industries, the financial sector is increasingly relying on the use of data to drive innovation and market expansion. Consequently, data compliance issues are becoming increasingly prominent, especially for data-intensive enterprises, and constructing a scientific and effective data compliance plan is crucial. This article explores key elements and strategies …
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Disputes over share repurchase rights in VAM agreements
Value adjustment mechanism (VAM) agreements are extensively used in private equity and venture capital (PE/VC) transactions, as well as in mergers and acquisitions (M&A) of listed companies. Although there is a relatively consistent standard for assessing the validity of VAM agreements in dispute resolution, the legal nature and exercise period of share repurchase rights under …
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Breaking the evidence barrier in tech patents
With the implementation of the Fourteenth Five-Year National Intellectual Property Protection and Utilisation Plan, China’s invention patent authorisations have ranked first worldwide for four consecutive years, reflecting the country’s significant achievements in patent protection. However, data from the Supreme People’s Court shows that the proportion of patent infringement cases involving complex technological features has risen …
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Application of agreed compensation for IP infringement in judicial
In recent years, there has been a growing trend in the application of agreed compensation in intellectual property (IP) infringement cases. However, the existing regulations are somewhat vague, leading to numerous controversies in practice. To clarify these issues, this analysis will delve into the legal concepts and attributes of agreed compensation for infringement.
Analysis of guaranteed redemption commitments in PE fund investments
In recent years, as products registered during the rapid development of China’s private equity fund markets have reached their exit periods, the inclusion of guaranteed redemption clauses such as capital preservation and guaranteed returns commitments in fund contracts has become an important factor for cautious investors making investment decisions. As a result, fund managers and …
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