The amended Company Law of the People's Republic of China, in light of the needs of economic and social developments in recent years, has made in-depth adjustments to the existing Company Law in several areas, such as optimizing the corporate governance structure, protecting the rights of shareholders, strengthening the responsibility of shareholders' investment, strengthening the responsibilities of directors' supervisors, adding special provisions for state-funded companies, and facilitating the establishment and deregistration process of companies. On the other hand, according to the Foreign Investment Law of the People's Republic of China and its implementing regulations, foreign-invested enterprises established under the old foreign enterprise laws need to complete the adjustment of their corporate organization and other aspects in accordance with the Company Law before December 31, 2024.

On March 15, AmCham China, Tianjin will invite Deheng Law Tianjin Office to interpret the impact that the revision of the new "Company Law" will have on foreign-invested enterprises and the corresponding countermeasures for foreign investors to take.

Key Topics:

1. New balance of the rights among the shareholders, directors, supervisors and managers

• The contraction of shareholders' rights and the centralism of the board of directors
• How to limit the authorization to Managers?
• How to control and settle the senior management's corruption crimes in foreign companies?

2. The role and position of employee representatives on the Board of Directors

• Is trade union important or employee representative important?
• Employee representatives reshape the board structure and procedure rules of the board
• Qualifications of employee representatives
• New balance of the relationship between the labor and the capital in foreign-invested companies

3. Re-protection of shareholders' rights and interests

• How does the right of financial inspection protect shareholders' rights
• Extremely Tugging back and forth between the actual controller and the obligation of loyalty and diligence of the directors, supervisors and managers
• Innovative path for shareholders' coordination in joint venture companies

4. Accelerated maturity of shareholders' contribution to realize the debt

• Accelerated maturity of shareholders' contribution to improve the efficiency of debt realization of FIEs
• Shareholders' supplementary liability challenging the credit basis of foreign investors

5. Facilitation measures for company establishment, operation and deregistration

• Electronic license
• Simple procedure for company registration

6. Timetable for foreign-invested companies

• Should we start now?
• Which deadline is more important, July 1 or December 31?
• Important Milestones

Each session will include advice from the frontier legal practice.

Event Details:

• Venue: De Heng Law office Tianjin, Room 3711, Tianjin IFC, NO. 136 Chifeng Street, Heping District, Tianjin
• Language: Chinese
• Time & Date: 2:00 PM - 5:00 PM, March 15, 2024
• Contact Person: Christine Chen (christine.chen@amchamchina.org)