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4 - Administrative Goals and Means of Government Intervention

Published online by Cambridge University Press:  20 December 2019

Huimiao Zhao
Affiliation:
Beijing University of Chemical Technology
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Summary

Notwithstanding that the goals of the government may not be consistent with the legislative goals of the 2006 EBL, the government is determined to realise its own goals in the reorganisation of listed companies in practice, namely, to further local economic interests such as local fiscal revenue, local employment rates, local and regional economic development, a friendly business environment; and political interests in protecting the interests of workers and maintenance of the order of the socialist market economy. By studying the reorganisation of fifty-three listed companies that entered reorganisation after the 2006 EBL came into effect, this chapter identifies the administrative means applied by local governments to intervene in the reorganisation of listed companies – controlling the access to the bankruptcy/reorganisation procedure, organising liquidation groups, resettling workers, introducing strategic investors, granting government subsidies and intervening in the cram down process of reorganisation plans rejected by creditors or shareholders. Some administrative means applied by local governments facilitate the bankruptcy of listed companies, such as the resettlement of workers and subsidising financially distressed listed companies. Certain other administrative means, such as blocking listed companies’ access to the bankruptcy procedure, may hinder the bankruptcy process.

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Publisher: Cambridge University Press
Print publication year: 2020

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