Insights
  • Author:Xu Bangwei , Zhang Xiaotong  Date:2020-03-24
    The phrase “inferior rank repayment rule for shareholder claims” generally means that when an enterprise goes bankrupt, if a shareholder’s claim against the company satisfies certain specific conditions, it should be ranked after common claims during...
  • Author:Xu Bangwei ; Zhang Xiaotong  Date:2020-02-14
    In the Minutes of the National Working Conference on the Trial of Civil and Commercial Cases by Courts (Minutes) issued by the Supreme People’s Court on 8 November 2019, part X summarizes the basic views of the Supreme Court regarding several difficult legal...
  • Author:Xu Bangwei and Zhang Xiaotong  Date:2019-12-10
    As the number of enterprise groups in China has increased, the phenomenon of affiliates jointly going into bankruptcy has also become more common. Once a member of an enterprise group enters a bankruptcy procedure, whether its affiliates will also...
  • Author:Bangwei Xu  Date:2019-11-19
    In recent years, with the large increase in the number of enterprise bankruptcy cases, the instances of the legal representative or directors, supervisors and/or senior executives of a bankrupt enterprise (collectively, “senior officers”) being sued by the ...
  • Author:吴杰江  Date:2019-11-04
    (This article was first published on China Business Law Journal column "Banking & Finance", authorised reprint) The Second Civil Tribunal of the Supreme People’s Court released a draft for comment on the minutes of the National Court Work Conference...
  • Author:Bangwei Xu  Date:2019-10-21
    The number of substantive consolidation bankruptcy cases of affiliated enterprises in mainland China has gradually increased since 2014. Substantive consolidation bankruptcy means disregarding the independent corporate personality of all affiliated members...
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