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The 2006 CSRC Guidelines for Articles of Association of Chinese Listed Companies: Critiquing from an Australian Perspective

Lau, Alex and Young, Angus (2008) The 2006 CSRC Guidelines for Articles of Association of Chinese Listed Companies: Critiquing from an Australian Perspective. Company Lawyer, 29 (6). pp. 180-183. ISSN 0144-1027

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Abstract

On 16 March 2006, the new Guidelines for Articles of Association of Listed Companies (the Guidelines) came into effect. The Guidelines were promulgated by the Chinese (PRC) Securities and Regulatory Commission (CSRC). It substantially amended the original 1997 version. Much of the Guidelines attempted to emulate elements of international best practice with a Chinese flair. This paper will compare and comment on the major Guideline provisions with their counterpart in Australia. The comparative analysis would articulate that the PRC’s regulatory codes are far from robust for an efficient capital market. Furthermore much of the Guideline provisions are riddled with ambiguities, whereas Australia’s ‘replaceable rules’ have clarity and expounds a framework of good governance.

Item Type: Article
Uncontrolled Keywords: ResPubID15687, Guidelines for Articles of Association of Listed Companies, Chinese Securities and Regulatory Commission (CSRC), international best practice, Australia’s ‘replaceable rules’
Subjects: Faculty/School/Research Centre/Department > Centre for International Corporate Governance Research
FOR Classification > 1801 Law
SEO Classification > 9499 Other Law, Politics and Community Services
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Depositing User: VUIR
Date Deposited: 05 Dec 2011 01:43
Last Modified: 05 Dec 2011 01:43
URI: http://vuir.vu.edu.au/id/eprint/3778
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