Question
In view of the recent development of the PRC Civil Law, Company Law and Bankruptcy Law and other relevant rules, regulations and laws, it seems
In view of the recent development of the PRC Civil Law, Company Law and Bankruptcy Law and other relevant rules, regulations and laws, it seems the aforesaid rules, regulations and laws include essential measures enforcing the corporate governance in companies with a view to securing and protecting the interest of the shareholders and public. Critically select one or more of the following issues or provisions in the existing Hong Kong Company Ordinance Cap 622, and Regulations including Organized and Serious Crimes Ordinance, Cap 455, Anti-money Laundering and Counter Terrorist Financing (Financial Institution) Ordinance Cap 615, Prevention of Bribery Cap 201 in Hong Kong, in respect of the measures of the corporate governance which are purportedly articulated and addressed to secure and/or protect the interests of shareholders in a company including listed company, evaluate and comment on their effects including the possible remedies available to the shareholders and further give your recommendations. 1) Possible Remedies the Shareholders can seek as a result of the misconducts done by the Companys directors; 2) Accessing the companys books and records; 3) Abrogating the application of separate legal entity principle; 4) Investigating or inspecting the Companys affairs; 5) Alternative methods of rescuing the Company as opposed to the Companys Winding up 6) Others controversial issues Your report shall cover the following areas, in respect of the issues or matters or provisions in the Company Ordinance Cap 622: 1. Critically evaluate and analyze the problems and deficiency of the measures of corporate governance for securing or protecting the interests of shareholders in a company including a listed company in Hong Kong in respect of the roles of directors, shareholders, auditors, financial providers/creditors and external regulatory authorities including Financial Secretary, Securities and Future Commissioner and/or ICAC; 2. Identify the key provisions in the Hong Kong Company Ordinance Cap 622, Organized and Serious Crimes Ordinance, Cap 455, Anti-money Laundering, Counter Terrorist Financing (Financial Institution) Ordinance Cap 615 and Prevention of Bribery Cap 201, and relevant common law in respect of the measures of corporate governance, and critically evaluate and comment on their impact and effectiveness of those law and regulations in dealing with the problems and deficiency you list in (1); 3. Identify and evaluate the key provisions the PRC Civil Law, Company Law and Bankruptcy Law and other relevant rules, regulations and laws, essential providing measures to enforce the corporate governance in companies with a view to securing and protecting the interest of the shareholders and public; and 4. With reference to your evaluation in (2), make possible recommendations in dealing with the problems and deficiencies and critically comment.
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