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Jian He

Registered Capital Reform in Chinese Company Law

2013. No. Annual review. P. 98–104 [issue contents]
He Jian - LL.M graduate of Katholieke Universiteit Leuven, currently a PhD candidate at the School of Law, Fudan University, Shanghai, China. Address: No. 2005, Songhu Road, Yangpu District, Shanghai, People Republic of China. E-mail: hejian109@hotmail.com.

In order to lower the market entry threshold and to encourage the set-up of SMEs China's legislature body passed an amendment to the Company Law of the People's Republic of China (PRC) on 28th, Dec, 2013. This is the fourth time the Company has been revised since its introduction in China in 1994. The most recently revised provisions are primarily concerned with the reform of the registered capital system, and include the cancellation of the minimum capital requirement and the shift from actual capital contribution to authorized capital contribution. There is no distinctions of capital contribution made between the two types of companies in this revision of the Company Law. There are twelve clauses revised in the new Company Law, and which will be put into force from 1st, March, 2014. This article aims to assess the pros and cons that the new law may bring forth for those considering the investment opportunities in China. The study, descriptive, and causal in nature, has been conducted in the context of the reform of registered capital system. This article employs an explanatory way of detailing out the articles before and after revision in the Chinese Company Law in order to give panoramic view of the revisions. The article reports the latest revisions of the Company Law in China, making some comparative study of the capital contribution with the United States' and EU's. Findings from this article are practical for those who are interested in learning the knowledge on the company law in China.
Citation: He Jian. Registered Capital Reform in Chinese Company Law // Law. Journal of the Higher school of economics. Anual review, 2013. P. 98-104.
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