Report on Chinese Finance and Investment Law
Added on 2020-06-04
11 Pages3401 Words103 Views
Chinese Finance andInvestment Law
Table of ContentsMEMORANDUM OF ADVICE.....................................................................................................1Introduction.................................................................................................................................1Summary Of Advice...................................................................................................................1Causes of Action/offences...........................................................................................................2Defence.......................................................................................................................................5Remedies.....................................................................................................................................6Advice on specific issues of law:................................................................................................7Procedural and Evidential Issues................................................................................................7Conclusion...................................................................................................................................8REFERENCES ...............................................................................................................................9
MEMORANDUM OF ADVICETo: “China Security finance Ltd” IntroductionFinance is an utmost important aspects which would be helpful for the companies toorganise their resources in more effective manner. It has been found that without having propersources of capital company cannot be able to survive for longer period of time. The documentwould consists of various objectives that are responsible for analysing all those legal laws andregulations which are making impact on their profitability (Song, George and Chen, 2018). Theproject provide proper analysis of various law those are associated with risk management,compliance and governance on Chinese businesses. It involve in financial sectors with aparticular aspects which is being considered as liability and viability of civil actions forevaluating compensation.Summary Of AdviceThere are some essential aspects like legal structure, norms, terms and conditions inrespect of Chinese finance law defined in in summary advice of China Securities financecorporation Limited (CSFCL). Financial institution specialisation in securities institutions aregoverned and organised by Shanghai stock exchange, Shenzhen stock exchange and chinasecurities depositary and clearing corporation limited (Lu and Sun, 2013). Risk management andcorporate governance in Chinese financial market is implemented and followed properly andconsciously. There is an analysis of law which remain associated with risk management,compliance and governance in Chinese business and financial institutions.Basics laws which are followed and implemented on Chinese financial market andcorporations are defined in memorandum of Advice of China Securities Finance CorporationLimited. There are some laws such as Corporate Law (2013), Securities Law (2014), CriminalLaw Amendment act (9) (2015), law on the state owed assets of enterprise (2008) andAccounting Law (1999) are discussed. there are some essential aspects are defined in respect ofadministration law. Regulations on the administration of company registration (2005).In china financial institutions are based around basic law and administration regulations.Rules and regulations in terms of financial institutions stem from both administrative regulatoryagencies overseeing financial intermediated also elaborated such as CBRC, CIRC, CSRC.1
Articles 1 and 2 of basic laws and administrative regulations are also defined subject toguidelines and norms. Sources to determine liabilities, regulations and rules uses an article topoint to basic law. Company law, Tort Law/GPCL are the main sources to form basic law.Legislation, rules and guidelines are made subject to corporate governance in China- specificdepartmental administrative rules. These rules are as followsCBRCthere are some specific guidelines regarding corporate governance which remainassociated with supervision and administration over state owned commercial banks(2006).Corporate governance of incorporated foreign funded banks (2005) covers the rulesrelated to foreign transfer and funds related to international transactions.Guidelines subject to governance of trust companies (2007) PBOCThis contains rules related to corporate governance of joint stock commercial banks(2002).Main source of instruction subject to liability are taken from Company Law (2013).Chapter XII of Company law contains legislation and control in respect of provision for liability.Article 214 and 215 subject to adjustment and appropriation of corporate liabilities are includedin memorandum of advice of China Securities Finance Corporation Limited. Liability and civilactions subject to Tort in China also included. Regarding risk management and control in Chinabanking supervision law (2006) discussed.Causes of Action/offencesThere are various aspects which are related to deal with certain issues of liabilities,whether criminal. regulatory and civil. This segment is valuable to make proper identification ofvarious cause and offences in order to determine all legal components are being present oncertain facts (Law, Azman-Saini and Ibrahim, 2013). It has been found that there are variousregulatory provisions and legal aspects associated to corporate or business fraud. In china,deceptive organisational practices can constitutes as offences under criminal law1997.Administration offences under anti-unfair competition act 1993 and securities law are needed tobe implemented within an organisation.2
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