By Roberto Pomares and Germán Cabrera King & Wood Mallesons’

Continue Reading Nondistribution of Dividends & Shareholders’ Right of Separation

By Zhang Baosheng, a partner of King & Wood’s Dispute Resolution Group

In 2005, China amended its Company Law(1)and made substantial adjustments to the State’s company law system and strengthened the justiciability of company related disputes. However, some provisions of the amended Company Law are overly general, conceptual and declaratory, and as a result it is not uncommon to find disparate outcomes in similarly situated cases. In order to ensure uniform understanding and application of the Company Law and provide guidance for judicial practice and commercial activities, the Supreme People’s Court (the "Supreme Court") issued two judicial interpretations of the Company Law(2), mainly clarifying certain fundamental principles of applying the Company Law and specific matters like dissolution and liquidation of companies.Continue Reading The Supreme People’s Court and the Company Law: Presumptions and Gap-filling Round Three