Zhang, Z and Tomasic, R (2016) Corporate Reorganisation Law Reform in China: Findings from a Province of Zhejiang. Asian Journal of Comparative Law, 11 (1). ISSN 1932-0205
Abstract
In 2006, China enacted its first rescue-oriented Enterprise Bankruptcy Law with the aim of establishing its corporate rescue culture. But the corporate reorganisation procedure that is at the heart of the new bankruptcy law has not been used frequently. It is appropriate to ask why the use of China’s new corporate rescue law has been so low? Meanwhile, in the existing corporate reorganisations under the 2006 Law, most debtors were excluded from the reorganisation process, so that the Chinese new debtor-in-possession model, which seems to be a desirable control format, was largely shelved; this article explores why debtors were overwhelmingly side-lined in these cases. By using the empirical fieldwork data collected from one Chinese province, Zhejiang, this article is addressing these two issues. Zhejiang’s experience with reorganisations is significant as it has had a larger number of reorganisations than most other Chinese provinces.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2016, Cambridge University Press. This is an author produced version of a paper published in Asian Journal of Comparative Law. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | China, company, bankruptcy, reorganisation, rescue, debtor-in-possession |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 27 Sep 2016 14:40 |
Last Modified: | 14 Apr 2017 02:13 |
Published Version: | http://dx.doi.org/10.1017/asjcl.2016.3 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/asjcl.2016.3 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:102860 |