Title Corporate reorganisations in China : an empirical analysis / Zinian Zhang, University of Leeds

Published New York, NY : Cambridge University Press, 2018

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Description 1 online resource Contents Cover; Half Title; Title page; Imprints page; Contents; List of Figures; List of Tables; Preface; List of abbreviations; 1 Introduction; 1.1 The Recent History of Bankruptcy Law in China; 1.2 The Making of the China Enterprise Bankruptcy Law 2006; 1.3 The Main Features of the Reorganisation Chapter in the EBL 2006; 1.4 The Structure of This Book; 1.5 Methodology of Collecting the Data; 2 Commencement of Corporate Reorganisations in China; Introduction; 2.1 The Statutory Framework of Commencing a Corporate Reorganisation Procedure under the EBL 2006; 2.1.1 Reorganisation Open for All 2.1.2 Entry Tests for a Corporate Reorganisation Application2.1.3 Reorganisation Applicants in China; 2.1.4 Court Jurisdiction of Reorganisations in China; 2.2 Emergence of Corporate Reorganisations after 2007 in China; 2.2.1 An Overview of the Use of Corporate Reorganisations in China; 2.2.2 The Decline of In­Court Corporate Bankruptcy Cases in China; 2.2.3 The Assumed Number of the Chinese Corporate Reorganisation Cases Suggested by the Anglo-American Practice; 2.3 Reorganisation Eligibility Tests in China; 2.3.1 Bankruptcy Exemption for Voluntary Reorganisations 2.3.2 The Large-Company-Only Eligibility Test2.3.3 The National Strategic Industry Entry Test; 2.3.4 The Survivability Test; 2.4 Corporate Reorganisation Applicants in Practice; 2.4.1 Applicants in the Direct Reorganisation Filings; 2.4.2 Applicants in the Conversion Reorganisation Filings; 2.5 Court Jurisdictions of Corporate Reorganisations in China; 2.5.1 Territorial Jurisdictions over Corporate Reorganisations in China; 2.5.2 Vertical Jurisdictions over Corporate Reorganisations; Conclusion; 3 Control of Chinese Corporate Reorganisations; Introduction 3.1 The Statutory Framework of the Chinese Corporate Reorganisation Control Models3.1.1 Corporate Reorganisation Administrator Appointments under the EBL 2006; 3.1.2 Conversion from the Administrator- to Debtor-in-Possession Model; 3.2 Reorganisation Administrator Appointments under the EBL 2006; 3.2.1 Government-Organised Liquidation Committees as Administrators; 3.2.2 Appointing Qualified Insolvency Practitioner Firms as Administrators; 3.2.2 Governments as Shadow Administrators; 3.2.4 Administrator Replacement in Chinese Corporate Reorganisations 3.3 Conversions to the Debtor-in-Possession Model in Chinese Corporate Reorganisations3.3.1 Why Isn't the Debtor-in-Possession Model Frequently Chosen in Chinese Corporate Reorganisations?; 3.3.2 Is the Chinese Debtor-in-Possession Model a Misnomer?; Conclusion; 4 Corporate Reorganisation Financing in China; Introduction; 4.1 The Statutory Support of Reorganisation Financing under the EBL 2006; 4.2 Reorganisation Financing Sources in Chinese Corporate Reorganisations; 4.2.1 Seeking Secured Loans by Administrators; 4.2.2 Unsecured Financing by Reorganisation Administrators in China Summary "The first comprehensive empirical study on corporate bankruptcy reorganizations in the second largest economy, China, investigating the formal corporate restructurings handled by China's courts between 2007 and 2015. The data and analysis presented in the book provide a unique lens from which China's newly-enacted Chapter 11-styled corporate reorganization law, both in the books and in practice, can be understood and from which the interaction between business and state in dealing with corporate bankruptcies in China could be better comprehended. This book benefits from the author's ten-year business law practice in China, and his insights on China's judicial and political system considerably enrich the arguments. In particular, this book sheds light on commencement of bankruptcy reorganizations, control models, corporate reorganization financing, value distribution, approval of reorganization plans and cross-border reorganizations under the China Enterprise Bankruptcy Law of 2006"-- Provided by publisher Bibliography Includes bibliographical references and index Notes Online resource; title from PDF title page (EBSCO, viewed September 28, 2018) Subject Corporate reorganizations -- Law and legislation -- China Bankruptcy -- China LAW -- Administrative Law & Regulatory Practice. Bankruptcy Corporate reorganizations -- Law and legislation China Form Electronic book ISBN 9781108575232 1108575234 9781108655439 1108655432

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