2001
DOI: 10.1002/iir.79
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Chinese cross‐border insolvencies: current issues and future developments*

Abstract: This article deals with several problems pertaining to cross-border insolvency, an important but ignored area in China. In this article, the current status of Chinese bankruptcy laws has been ¢rstly addressed, with a focus on its legal blank on cross-border insolvency and unsatisfactory judicial practice.Thereafter, the in£uential Guargdong InternationalTrust and Investment company case has been analysed, which further highlights the inadequacy of Chinese bankruptcy legislation and crying needs for its reform.… Show more

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Cited by 16 publications
(4 citation statements)
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“…Nevertheless, the workload of customs agencies will significantly increase. The main responsibility of the customs staff is to supervise imports and exports, and levy taxes, to ensure that the commodities meet the guidelines of the Chinese export and import regulations [46,47]. As a result, the staff need time to conduct supervision and levy taxes, and, consequently, the willingness and desire for cross-border e-business cannot be met.…”
Section: Efficiency and Supervision Of Custom Clearancementioning
confidence: 99%
See 1 more Smart Citation
“…Nevertheless, the workload of customs agencies will significantly increase. The main responsibility of the customs staff is to supervise imports and exports, and levy taxes, to ensure that the commodities meet the guidelines of the Chinese export and import regulations [46,47]. As a result, the staff need time to conduct supervision and levy taxes, and, consequently, the willingness and desire for cross-border e-business cannot be met.…”
Section: Efficiency and Supervision Of Custom Clearancementioning
confidence: 99%
“…Furthermore, RMB cannot be cashed freely or used as the currency for payment clearance. China is yet to issue appropriate guidelines; thus, cross-border e-businesses cannot complete the payment of funds [46,49]. This impedes the progress of Chinese cross-border e-business.…”
Section: Payment Risksmentioning
confidence: 99%
“…105 There are two probabilities concerning recognition and cooperation with a crossborder insolvency arising. Firstly, a Chinese court may seek assistance from a foreign court for the purpose of enabling the liquidation committee to ful¢l duties under Chinese laws.…”
Section: Sng 'Cross-border Insolvency In the Middlementioning
confidence: 99%
“…In spite of insufficient legal rules in the Chinese statutory legislation, in practice, as early as 1983 even before the enactment of the first 1986 EBL, there had been a case LMK Nam Sang Dyeing in which insolvency proceedings commenced in Hong Kong were recognised in the Mainland, and the liquidator finally gained control over the debtor's assets located in Shenzhen. 32 However, such recognition was not reached by court decisions. Instead, the agreement was concluded between the Hong Kong liquidator and the Shenzhen local government as an ad hoc decision.…”
Section: A Historical Overviewmentioning
confidence: 99%