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The Statutory Derivative Action in China: Critical Analysis and Recommendations for Reform

Berkeley Business Law Journal, Vol. 4, No. 2, 2007

UNSW Law Research Paper No. 2008-46

24 Pages Posted: 4 May 2009  

(Robin) Hui Huang

Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: July 23, 2008

Abstract

The article conducts a critical analysis of the newly introduced statutory derivative action in China and then makes relevant recommendations for reform. The introduction of derivative actions is a major development in Chinese company legislation. In general, the provisions have established a basic legal framework for the bringing of derivative actions, and it is expected that the regime will have important implications in practice. However, there are some serious problems that need to be properly dealt with in order for the derivative action to function more effectively. The article looks at these problems from a comparative perspective, drawing on overseas experience, and sets out reform proposals, taking into consideration China’s particular situation.

Keywords: Comparative Law, Corporations, Chinese company legislation

Suggested Citation

Huang, (Robin) Hui, The Statutory Derivative Action in China: Critical Analysis and Recommendations for Reform (July 23, 2008). Berkeley Business Law Journal, Vol. 4, No. 2, 2007; UNSW Law Research Paper No. 2008-46. Available at SSRN: https://ssrn.com/abstract=1398606

(Robin) Hui Huang (Contact Author)

University of New South Wales - Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
61-2-9385 9649 (Phone)
61-2-9385 1175 (Fax)

Chinese University of Hong Kong - Faculty of Law ( email )

Shatin, New Territories
Hong Kong
852-39431805 (Phone)
852-29942505 (Fax)

HOME PAGE: http://www.law.cuhk.edu.hk/people/huang-hui-robin.php

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