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Download PDF (65.1 Index A-B Holdings (Anheuser-Busch authorities International Holdings Inc.) 139, securities and regulatory, cross- 140, 146–7, 148, 149, 235–6 border cooperation and dispute accounting resolution 73–6 Generally Accepted Principles see also CSRC; HKEx; SFC (GAAP) 107, 108, 111 independent directors’ qualifications Baiyu, Ma 113 and 95–6 Bank of China see PBoC integrity in financial disclosure, Basic Law (Hong Kong) 22–3 community role in maintaining Bebchuk, Lucien Arye 240 112–13 Beida Jade Bird Universal 64 Law 106, 113 Beihai Brewery 141, 142 new standards improving quality Beijing Department Store 36 of financial disclosure Beijing Light Bus Co. 36 106–13 Beijing Tianqiao Beida Jade Bird 64 Regulations for Joint Stock Limited Beijing Tongrentang Ltd 64 Enterprises 106 Beijing Town and Country Trade Rules (Hong Kong) 168 Centre 36 standards, efficiency and 224 Beiren Printing Machinery Standards for Business Enterprises Corporation Limited (ASBE) 106, 111 1994 Annual Report 242–3 Statements for Joint Stock Limited 2000 Annual Report 244–5 Enterprises, Chart of Accounts 2005 Annual Report 246–7 and 106 case study 138–9, 175–6, 199–201 actions see class actions; criminal management structure and actions; derivative lawsuits; direct composition 178–9 lawsuits; joint actions performance 179–80 Anderson, C. 92 share capital structure and Anhui Masteel K. Wah New Building shareholders 176–7 Materials Co. Ltd. 183 IPO 31, 36–7 Asia, ‘legal origin’ hypothesis and ongoing communication and regular 239 reporting requirements and Asiamoney 95 108 Asset Management Companies 116 share-ownership system reform and Association of Board Secretaries of 128 Listed Companies 98 Beiren Printing Machinery Holdings Australia Ltd 7, 252 financial disclosure and 112 BGC (Beiren Group Corporation) insider and outsider systems and 175–6, 177, 178, 180 233 blockholder control, insider system ‘legal origin’ hypothesis and 238 and 237–8 regulatory reform 6 see also shareholders 297 Alice de Jonge - 9781848442788 Downloaded from Elgar Online at 09/28/2021 02:08:22AM via free access 298 Corporate governance and China’s H-share market boards of directors China Construction Bank 197 Beiren 178 China Development Finance 33 Dongfang 198–9 China Dongfang Electric Corporation Guangzhou Shipyard 166 see DFEC Kunming 190 China Eastern United Petrochemical Maanshan 184, 185 (Group) Company Limited see Shanghai Petrochemical 161–2 CEUPEC state influence on 139 China Everbright group 25 Tianjin Bohai 194 China Insurance Regulatory Tsingtao 147–8, 149 Commission see CIRC Yizheng 162 China International Economic and see also directors; management Trade Arbitration Commission 75 Bohai Corporation see Tianjin Bohai China International Investment Chemical Industry (Group) Corporation 21 Company China International Trade and book building, IPO price Investment Corporation see determination and 29–30 CITIC Britain see UK China Jialing Industrial 122 burden of proof, misrepresentation China National Petroleum and 90–91 Corporation see PetroChina Burma, PRC’s ‘open door’ policy and China Oilfield Services 56 14 China Petrochemical Corporation see buyback plans, Tsingtao and 145–6 CPC Buyback Procedures 127 China Petroleum Corporation see Sinopec Corp Capital Market Guidelines 123 China Resources 25 CBRC (China Banking Regulatory China Securities Depository & Commission) 57, 58, 117 Clearing Corporation 125 CCP (Chinese Communist Party) China Securities Regulatory Committee, corporate governance Commission see CSRC role 103–5, 166 China Southern Securities 58 Company Law reforms and 145 China State Shipbuilding Corporation pervasive influence 240 see CSSC regionalism and 13, 14, 15–16 China Telecom 56 zhuada and 141 China Travel 25 see also state China Venture Capital Group Ltd 60 Central Bank see PBoC Chinese Communist Party see CCP CEPA (Closer Economic Partnership CIRC (China Insurance Regulatory Arrangement) 23, 24 Commission) 57, 117 CEUPEC (China Eastern United CITIC (China International Trade and Petrochemical (Group) Company Investment Corporation) 151, 152, Limited) 153–4 155, 159, 162 Cha Shi May-lung, Laura 60, 62 Civet Investment Co (Hong Kong) 162 Cheffins, 236–7 Civil Law General Principles 90 Chengdu Top Sci-Tech Co Limited 56, Civil Procedure Law 88, 94 64 civil remedies Cheung, Stephen Yan-Leung 8, 224, CSRC role and powers and 59–60 233 misrepresentation and 90 China Banking Regulatory shareholders, for, under new Commission see CBRC legislation 91–4 Alice de Jonge - 9781848442788 Downloaded from Elgar Online at 09/28/2021 02:08:22AM via free access Index 299 SFC and 67–8 Company Law 1994 see also criminal actions insider control and 83 class actions, shareholder rights and 93 securities market evolution and 35, Closer Economic Partnership 39 Arrangement see CEPA share market overview and 55 Coffee, John 237, 238 shareholder meetings and 84 Commercial Bank Law 115, 116 shareholder rights and 88 Commercial Banks, Provisional Standard Opinion for Joint Stock Regulations on Intermediary Limited Companies supplanted Businesses of 116 by 22 Commission of Science Technology Tsingtao restructuring and 145 and Industry for National Company Law 2006 Defence see CSTIND CCP corporate governance role and committees 104, 105 audit, H-share companies and 99, independent directors and qualified 100 personnel and 96 boards of directors and 99–101 insider control and 83 CCP 103–5, 166 insider system and 239 POR, of CSRC 61–2, 63 shareholder meetings and 83, 84, remuneration 99, 100 85–6, 87 supervisors and 101–3 shareholder rights and 91, 92–3, 94 see also supervisory committees supervisory committees and 101 communication company secretary, HKEx Listing ongoing, requirement for, financial Rules and 98 disclosure and 108–11 conflict of interest, SFC and HKEx supervisory committee role 101–2 listing requirements 69–70 companies convergence Chinese characteristics, with 9–10 corporate law reform, in 1–9 H-share, selection and flotation of family analogy and 12 first batch 27–34 formal, financial disclosure and HKEx-listed, Mandatory Provisions 106–8 for 23–4 globalization and 10 Joint Stock, Tentative Measures insider and outsider system, Concerning Administration of regulatory reform and 234–5, State-Owned Equities of 54 236 Joint Stock Limited, Standard cooperation Opinion for 22 cross-border Limited, Special Regulations of the securities and regulatory State Council concerning authorities and 73–6 Floating and Listing of Shares SFC investigation powers and 68 Overseas by 24, 64 Responsibilities and, in Financial red-chip 24–5, 26 Supervision and Regulation shell 24, 25, 26 among the CBRC, the CSRC see also enterprises; listed and the CIRC, Memorandum companies of Understanding on Division Companies Ordinance (Hong Kong) of 57 94, 107 corporate governance company law CCP Committee role in 103–5 Interpretations 93 defined 81 reform see corporate law reform evolutionary model and 3–4 Alice de Jonge - 9781848442788 Downloaded from Elgar Online at 09/28/2021 02:08:22AM via free access 300 Corporate governance and China’s H-share market good, efficiency and 224–5 differential pricing and 226 H-share market role in 8 Dongfang management changes and HKEx standards 224–5 199 HKEx system 222 financial disclosure and 109, 110, implementation difficulties, listed 111 companies 82 independent directors and qualified practice and reform, political personnel and 95, 96, 97, 99 burdens for 240–41 insider control and 82 strategic partnerships improving IPO approval in mainland China, 235–6 standards and procedures for see also internal governance 60–66 structures ownership structure changes and Corporate Governance Guidelines 114, 117, 118, 122, 125 84–5, 98, 99 POR Committee 61, 62, 63 corporate law reform regulatory system nature and 5 convergence in 1–9 role and powers 56–60 regionalism in 1–9, 13–16 securities market evolution and 37, transplantation in 1–9, 10–13 38–9, 40, 42 see also company law selection and flotation of first batch corporatization of H-share companies 29, 32, 34 efficiency and 222 Separation Circular 123 privatization contrasted 81–2 SFC investigation powers compared courts 68 Guangdong Provincial High People’s shareholder meetings and 84–5 171–2 shareholder rights and 90 Haerbin Intermediate People’s 89 Takeover Code and 226, 227, 229 Market Misconduct Tribunal (Hong takeover offers and 228 Kong) 68 see also regulation People’s, shareholder rights and 94 CSSC (China State Shipbuilding Securities and Futures Appeals Corporation) 162, 163, 164, Tribunal (Hong Kong) 68 165–6, 168 Supreme Peoples’ 89–90, 93 CSTIND (Commission of Science CPC (China Petrochemical Technology and Industry for Corporation) 153, 154, 155, 159 National Defence) 164, 174 criminal actions culture, regionalism and 15 CSRC role and powers and 60 Customs Statistics 23 misrepresentation and 90 SFC and 67, 68 Daqing Lianyi Petrochemical see also civil remedies Shareholding Co 89 CSRC (China Securities Regulatory debt, triangular see triangular debt Commission) decentralization Buyback Procedures 127 economic functions, regionalism and capital flight to Hong Kong and 13, 14–15 26–7 fiscal, regionalism and 13–14 committee system for boards of definitions directors and 100 A-shares 53 Controlling Shareholder Circular B-shares 54 126, 127 connected transaction 110 cross-border cooperation and continued connected transactions 86 dispute resolution and 73, 74–5 corporate governance 81 Alice de Jonge - 9781848442788 Downloaded from Elgar Online at 09/28/2021 02:08:22AM via free access Index 301 disclosable transaction 110 growth, open
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