Die dritte justizielle Interpretation zum Gesellschaftsgesetz der VR China – Kapitalerhaltung, Gläubigerschutz, Treuepflichten und Publizitätsprinzip

Abstract

The revised version of the Third Judicial Interpretation of the Supreme People’s Court (SPC) on the Company Law of the People’s Republic of China addresses legal issues concerning the application of the Company Law which have not been dealt with by the two prior relevant  SPC interpretations. The article starts by briefly explaining the phenomenon that within the Chinese legal system not only statutory law but also judicial interpretations may be subject to revision. The author then introduces the Third Judicial Interpretation of the Company Law and explains in detail each section against the background of the Company Law and other relevant provisions. In essence, the author addresses issues having high relevance to legal practice, such as liability in the incorporation process, the contribution of capital and assets, the confirmation of stockholder rights, hidden investments and the unauthorized transfer of stockholder rights.