Gao Fei Reforming the Capital Maintenance Doctrine in the Context of China: From the Leading Case Perspective. Reforming the capital maintenance doctrine in the context of China: from the leading case perspective. This article illustrates the importance of the capital maintenance doctrine in China and suggests amendments to be made to the capital maintenance rules.
The legal capital regime in China includes capital contribution rules and capital retention rules. However, there has been almost no change in capital retention rules in the changes (Specific changes are in Table 1).
SHOULD CHINA ABOLISH THE CAPITAL MAINTENANCE DOCTRINE?
In practice, what the creditor is most concerned about is the performance of the company. In addition, net assets may decline or be lost in the course of business operations, even if registered capital remains constant. Conversely, if the company performs poorly, its net worth may be lower than the company's registered capital.
Creditor protection is necessary because of the asymmetry of information between the company and its creditors. Thus, creditors will be able to accurately assess the reliability of the company and the ex-post information asymmetry is not fundamentally changed.
HOW TO MODIFY THE CAPITAL MAINTENANCE DOCTRINE IN THE CONTEXT OF CHINA?
This leads to a situation where the information collected by the System is not reflected in the actual financial and operational status of the company. As an example, in China some of the capital maintenance rules are first summarized by cases. For example, in the 1993 Companies Act, the accumulated investment of the company could not exceed 50% of the company's net assets.
As a result, the court summarized the rules on the withdrawal of contributed capital from their understanding of the doctrine of capital maintenance. 47 See Article 12 of the Provision on the Application of the Company Law of the People's Republic of China(III).
PROSPECTS TO MODIFY THE CAPITAL MAINTENANCE DOCTRINE THROUGH GUIDING CASES
This further softened the prescribed share buyback conditions set out in Article 74 and Article 142 of the Law on Commercial Companies. However, from the accountant's point of view, only paid-up capital should be counted in the company's net assets. If the amount of the accumulated legal reserve of the company is more than 50% of the registered capital, it cannot be withdrawn.
Corporate equity is no longer the only factor creditors use to assess a company's credibility. It is suggested that the capital retention rules be modified prior to the amendment of the Companies Act.
Multiple Nationalities in Refugee Law: Toward a Practical Approach
- INTRODUCTION
- HISTORY OF THE REFUGEE CONVENTION
- THE CONCEPT OF CITIZENSHIP
- STATE INTERPRETATIONS OF ARTICLE 1(A)(2)
- RECOMMENDATIONS FOR THE APPLICATION OF ARTICLE 1(A)(2)
- CONCLUSION
Third, this article will examine two applications of this provision of the Refugee Convention by different states. These state applications of the Refugee Convention have led to a non-uniform assessment of refugee claims from people with dual nationality. With these two situations as a background, this article concludes with suggestions for the application of the Refugee Convention.
This article of the Refugee Convention does not explicitly define what should happen if a person is determined to be ineligible for international protection. At the time the Refugee Convention was drafted, dual citizenship was not as common as it is today. Because states are the primary entities that adjudicate refugee claims,50 it is important to observe how states interpret and apply the dual nationality provision of the Refugee Convention.
72 James Cotton, "East Timor and Australia: Twenty-five Years of the Policy Debate", Nautilus Institute, Sept. The purpose of the Refugee Convention is to protect refugees and ensure international cooperation in this regard. There should be a uniform application of Article 1(A)(2), regardless of the asylum seekers' country.
Citizenship is not just about the laws of the country; international law suggests that there must be a genuine connection between the individual and the country. One of the few areas in which this arises is in the adjudication of refugee claims. An individual would then be forced to seek the protection of the state that acted as a catalyst for their persecution.
The aim and purpose of the 1951 Refugee Convention is the protection of individuals from persecution in their country of origin. This is inappropriate and frustrates the aim and purpose of the 1951 Refugee Convention to return an individual to his country of origin so that he can approach his country of second citizenship.
Standard of Fault for Recipient and Accessory Liability
- COMMON FEATURES AND DIFFERENCES OF THE TWO LIABILITIES
- KNOWING RECEIPT – THE MOVE FROM CONSTRUCTIVE KNOWLEDGE TO UNCONSCIONABILITY
- DISHONEST ASSISTANCE – OBJECTIVE DISHONESTY OR SUBJECTIVE DISHONESTY?
- CONCLUSION
As a form of fault-based liability (instead of strict liability), the state of knowledge of the defendant is an important constituent element for both forms of liability. 72, where the author opined that only category (i) of the Baden scale of knowledge amounts to real knowledge. In essence, it is generally accepted that knowledge falling under any part of the Baden scale spectrum is sufficient to find liability for knowing receipt.
Although the Akindele test has eschewed the more principled approach of the Baden test in favor of the more. Indeed, the difficulty in applying the unconscionability test becomes apparent if one were to examine its application in Malaysian courts. As such, the decision of the Court of Appeal in Ooi Meng Khin is unsatisfactory for two reasons.
All that is necessary is that the recipient's state of knowledge is such that it is unreasonable for him to retain the benefit of the receipt. The recipient's state of knowledge must be such that it is indefensible for him to retain the benefit of the receipt. 45 First, accessory liability does not require a dishonest and fraudulent design on the part of the trustee.
With respect, while Lord Hutton is right to state that the test is a 'combined test', his Lordship has erred in his application of the test. Rather, what Lord Hutton really meant was that the defendant is required to have knowledge of the transaction, which will make his participation contrary to the normally acceptable standards. Lord Hoffman stopped short of saying that the majority of the House of Lords has simply got it wrong.
The case confirms that under English law the standard of dishonesty is objective (and not a mixed test) and the defendant's awareness or actual knowledge of the dishonest standard is immaterial. It is hoped that the Malaysian courts will take the opportunity to clarify this aspect of the law when the opportunity arises.
Gender Equality by International Norms: An Analysis on Hindu Marriage and Divorce Laws in South Asia with
Special Attention to Bangladesh
- LEGAL SYSTEM OF BANGLADESH AS REGARD TO HINDU MARRIAGE AND DIVORCE LAWS AND ITS
- HINDU MARRIAGE LAWS IN SOUTH ASIAN COUNTRIES
- DISSOLUTION OF HINDU MARRIAGE IN SOUTH
- REFORM AGENDA ON HINDU PERSONAL LAWS IN BANGLADESH: PRACTICAL REASON BEHIND
- SUGGESTIONS FOR FUTURE INITIATIVES AND CONCLUDING REMARKS
According to the Constitution, secularism is recognized as one of the basic principles of state politics in Bangladesh. Due to the non-performance of the two important ceremonies mentioned above, the marriage was void. Because of the divergence of ceremonies, the presumption of marriage is often at the discretion of the court.
With regard to the ceremonies to be followed in India, the Hindu Marriage Act of 1955 maintained the customary rituals and ceremonies of the parties. Through the implementation of the Hindu Marriage Act of 1955, polygamy is now banned in India. Under the Hindu Marriage Act 2017, Pakistan banned bigamy for both men and women.
In India, Section 8 of the Hindu Marriage Act of 1955 provides for the registration of Hindu marriages. Discriminatory provisions that are contrary to the spirit of the constitution are no longer in practice. Shastriya law does not allow dissolution of marriage under any circumstances, even after the death of the husband.
He recognized the customs and usages of the people as transcendent D F Mulla, Principles of Hindu Law, 15law. The principle of non-discrimination is enshrined in Articles 28 and 29 of the Constitution of the People's Republic of Bangladesh. In accordance with the constitutional provisions of the country, the Hindu Marriage Act was enacted in 1955.
Moreover, the Act makes special provision for the Hindu wife for the dissolution of the marriage in certain circumstances, such as, if a Hindu husband remarries, the wife can ask for divorce. 1 of the Muluki Ain provides the grounds for dissolution of marriage by the husband as well as by the wife.
Decision in Damai Freight v Affin Bank Berhad
- THREE POSSIBLE STAGES WHERE AN INDIVIDUAL TITLE MAY BE ISSUED DURING A FORECLOSURE
- WHERE THE INDIVIDUAL TITLE IS ISSUED DURING FORECLOSURE PROCEEDINGS UNDER THE LADA
- THE LEGAL POSITION OF AN ASSIGNMENT IN A LADA Before deciding on the appropriate steps which a lender should adopt, the Federal Court
- THE EFFECT OF AN INDIVIDUAL TITLE ON A FORECLOSURE PROCEEDING UNDER THE LADA
- CONCLUDING REMARKS
Foreclosure of a Transfer Deed Loan Agreement (Completing the Puzzle): A Federal Court Review. Instead, this article aims to justify the decision of the Federal Court's decision in Damai Freight from various aspects of the law, particularly from the aspect of land law and the law of transfer. In Damai Freight, the appellant had obtained approval from the Selangor State Development Corporation, Perbandaran Kemajuan Negeri Selangor (PKNS) to alienate a piece of land to the appellant.
Pending the issuance of the individual title of the said land, the appellant entered into a lease agreement with PKNS (Lease). The appellant then took out a loan totaling RM1.95 million from the defendant bank (then known as Bank Buruh). One of the commonly agreed upon terms appearing in loan agreements usually drafted in favor of the bank usually reads as follows: “Upon issuance of a separate document showing individual ownership of the said Land… the Borrower shall. 2 CLJ 917, where it was held that an assignment is no more than a mere security given by respondents to appellant for the repayment of the loan.
The underlined phrases in both sub-clauses above are expressions of these rights of the bank.”. Secondly, the cancellation of the deed of assignment will result in unjust enrichment to the assignor, which falls under the law of unjust enrichment. The third effect is highlighted by the Goh Sin Khai case.41 After conducting an extensive review of the NLC, the Supreme Court decided that the assignor is not required by the NLC or the contract to register his name in the title once the individual title is recorded. issued.
It cannot be equated with an obligation on the part of the bank to give title or possession of the property to the borrower. It is the developer who is bound to deliver the property to the borrower after the construction of the property and the release of the individual strata/title.” Court of Appeal in Hong Leong Bank Bhd v Tan Siew Nam & Anor [2014] 5 MLJ 34, para 62. Serves only to transfer and vest in the second purchaser the rights and interests of the first purchaser under the sale and purchase agreement with the developer .” The High Court in Hong Leong Bank Bhd v Goh Sin Khai [2005] 3 MLJ 154, p.
