128 results found

Unlike the position of shareholder and director, whose role and functions is more immediately known and comprehensible to laymen, that of supervisor are very often underestimated, misconceived...

The Company Law of the People's Republic of China (Revised 2018) was revised and published in 24 December 2021 for public comments. A year later, the second draft revision of Company Law...

At Horizons, we often encounter many senior executives, who overlook the role. Though the legal representative of a company in China holds full liabilities.

China's Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005.

If foreign companies / individuals want to entrust a Chinese lawyer to attend litigation in a Court located in China, China Civil Procedural Law requires them to sign a Power of Attorney.

Under the PRC Company Law (2006), directors and senior managers of a foreign-invested, Chinese-registered company have the duty to comply with laws, regulations and the company’s articles of association, and owe the company loyalty and diligence. Moreover, they may be liable for compensation to the company if they cause it harm. In principle however, they will not bear civil liability towards third parties (such as the company’s creditors) for their actions on behalf of the company.

On 6 December 2010 the Supreme People’s Court of the People’s Republic of China (the "PRC") promulgated Interpretation (III) of Several Issues relating to the Application of the PRC Company Law ("Interpretation III"), which came into force on 16 February 2011.

In order to implement the new requirements for company registration stipulated in the newly revised "Company Law" and the "Provisions of the State Council on Implementing the Registered

Foreign nationals serving as legal representatives of Chinese subsidiaries face significant practical consequences when their companies fail to comply with court judgments. Consumption restrictions may limit travel options, hotel stays, and other expenditures, while exit restrictions can prevent departure from China entirely. Understanding these enforcement measures and their implications is essential for foreign legal representatives operating in China's business environment.

The Standing Committee of the 13th National People's Congress issued the draft Amendment to the Company Law ("Amended Company Law") on December 24, 2021 for comment through January 22, 2022.

Shareholders have the right to attend the shareholders' general meeting and have voting rights.

Officers of a company in China can manage, involve or influence business operations - all of which come with potential liabilities.

On July 1, 2024, the highly anticipated amended PRC Company Law (the "New Company Law") has officially taken effect. The New Company Law ushers in some significant transformations in the way firms...

The recent Privy Council decision of Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd [2024] UKPC 36 will certainly have far-reaching implications for Cayman Islands company law.

分公司是外国公司的延伸，可直接在美国开展业务，无需单独开设子公司。虽然分公司无需在联邦一级完成法律注册，但可能需要获得税务部&

The corporate veil or the corporate personality is a legal term refers to the separation of the corporate entity from the shareholder in a litigation.

In the beginning of 2020, Luckin Coffee event brought the attention from the insurance, legal and security industries to the directors and officers liability insurance policy ("D&O") in China.