In an effort to promote corporate governance, many articles of the PRC company law were amended in 2014 to facilitate private ordering. These amendments gave rise to the question: To what extent would private ordering allow companies to efficiently tailor their governance terms? In China’s transitional economy, it is particularly interesting to evaluate whether private ordering is a viable goal. Against this backdrop, this talk discusses two controversial articles, one of the corporate guarantee and the other on the capital subscription system. It is hoped that these case studies will shed light on the private ordering paradox of corporate governance.
Wang Wen-Yeu, Professor of Law, National Taiwan University
Lunch will be provided