A Practical Guide PRC Insolvency - A Foreign Creditor's Perspective

Publication Date: 9 September 2004

Insolvency is a complex subject in the People's Republic of China as it involves various types of PRC entities, not all of which can be made bankrupt.

Publisher: LexisNexis
HK$ 1,160.00
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In Stock
Published:
ISBN/ISSN: 9789628855278
Publisher: LexisNexis

Product description

Insolvency is a complex subject in the People's Republic of China. It involves various types of PRC entities (not all of which can be made bankrupt), diverse sources of relevant legal rules (not all of them up-to-date and consistent), different types of liquidation, bankruptcy and related proceedings, exceptional circumstances to which special rules will apply, and unique socialist features that are difficult to understand without an historical understanding.

This book will guide the reader through the related underlying systems such as:


Different types of entities and their historical backgrounds
Different sources of legal rules and how to reconcile their conflicts
Different kinds of security available and the related approval and registration procedures
The foreign exchange control and its relationship with commercial lending and security
Different means of alternative dispute resolution to avoid insolvency proceedings

As a practical guide, this book will also help readers:


To approach the subject from a common law perspective
To simplify and conceptualise the procedures using flowcharts, tables and diagrams
To understand the relevant time frames and legal documents
To appreciate positions of creditors in different scenarios
To identify and avoid potential pitfalls
To make informed decisions with the cost/risk and benefit analysis provided
To critically evaluate the PRC insolvency system

This book will be useful to lawyers, accountants, insolvency practitioners, non-performing loan investors and business professionals, as well as those who seek a greater understanding of the PRC legal system.

Featured authors and contributors

Table of contents

1 Overview of Different Types of Borrowers in the PRC 
2 Overview of PRC Legal Framework
3 Overview of PRC Finance and Security Systems
4 Overview of Enforcement of Debts and Security in PRC
5 Overview of the PRC Bankruptcy System
6 Non-SOE Bankruptcy Procedure
7 SOE Bankruptcy Procedures
8 Variations Arising from other Enterprise-Specific, Regional and Industrial
9 Legal Frameworks of Reconciliation and Reorganisation in the PRC
10 Hot topics in relation to PRC Insolvency
11 Frequently asked Questions and Answers in relation to Bankruptcy Proceedings
12 Reforms and Future Developments
Appendix 1 Translations of some Major PRC Bankruptcy-related Laws and Regulations
Appendix 2 Administrative Divisions of PRC
Appendix 3 List of Ciites covered by the Optimisation Scheme
Appendix 4 GITIC Case Index