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3 - Control of Chinese Corporate Reorganisations

Published online by Cambridge University Press:  21 September 2018

Zinian Zhang
Affiliation:
University of Leeds
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Summary

Chapter 3 examines the control models of China's corporate reorganizations. Although China is committed to establishing an insolvency practitioner profession through qualifying lawyers and accountants as bankruptcy administrators, this chapter finds that in about one-third of corporate reorganizations, the court still appoints a local-government-organized liquidation committee as the bankruptcy reorganization administrator, even in the case of the reorganization of privately-owned companies. Meanwhile, the pro-rescue debtor-in-possession model is only applied in less than twenty per cent of the surveyed cases, which suggests that in the majority of corporate reorganizations, it is the bankruptcy reorganization administrator in control. However, an in-depth examination finds that, in fact, it is local government staying in control of most corporate reorganizations, which leads to the assertion of this chapter that China uses a kind of the government-in-possession model in its corporate reorganizations.
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Chapter
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Corporate Reorganisations in China
An Empirical Analysis
, pp. 59 - 107
Publisher: Cambridge University Press
Print publication year: 2018

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