A Brief Analysis of the 2013 Amendment to the China Company Law

(By Yu ZhiYuan) On 28 December 2013, the decision on amending the previous company law was promulgated by the National People’s Congress. The amendment this time will concentrate solely on changing the corporate capital system dramatically in the following three ways. First, the registered capital to-be-paid-in system will be launched. Second, the minimum registered capital will no longer be required. Third, the maximum proportion of intangible assets to the total registered capital will no longer be required. Obviously the amendment was made as a response of legislative authorities to the resolutions approved at the Third Plenary Session of the Eighteenth Central Committee. This article provides an analysis and brief comments on the amendment.


The Amendment to the Corporate Law of the People’s Republic of Law

Notice: On December 28, 2013, China adopted a new amendment to the Corporate Law which will come into force on March 1, 2014. Combining with our original 2005 version of the Corporate Law, Ms Wang translates the new amendment to the Corporate Law into English and posts it today. If anyone needs to reprint our translated revision on web, please note the following content on the reprint page: This amendment is translated by Bridge IP Law Commentary  http://www.chinaiplawyer.com.

 To help foreign friends better understanding of Chinese laws, today we would first publish a comparison between the 2005 version of the Corporate Law and the 2013 amendment.


Legal Analysis on the Preemption Dispute between Fosun and SOHO China

(by Bai Lituan) After six months of tense negotiation without any satisfactory result over a dispute of the 8-1 Pearl Project land plot on the Bund, Fosun (00656.HK) and SOHO China (00410.HK) finally chose to take the case to court in Shanghai. The first hearing of the case was in late November 2012. Before then, Fosun insisted that the share transaction between SOHO China and Shanghai Zendai Group damaged its right of preemption.