Chinese Corporate Law and Securities

This subject has the following teaching availabilities in 2013:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

Given the increasingly strong economic tie between Australia and China, there is an ever-growing need to have an advanced knowledge of Chinese laws, in particular those concerning the company and securities market.

This specialist subject is designed to provide students with an opportunity to study key issues of Chinese corporate and securities laws in greater depth than is often the case in the typical introductory Chinese law course. To this end, it examines not only the law on the books but also the law in action, as well as recent developments in the area.

This subject is developed and delivered on the basis of the expertise of Dr (Robin) Hui Huang, who is one of the well-respected scholars in corporate and securities law with a particular focus on Chinese issues at the international level. It is a highly valuable subject for students intending to do business and invest in China.

Principal topics will include:

• Introduction (providing background information about China and the Chinese legal system)
• Chinese financial markets and regulatory framework
• Incorporation and corporate personality (including foreign investment enterprises)
• Corporate governance issues
• Fundraising and disclosure regime
• Market misconduct
• Takeover of listed companies
• Cross-border merger and acquisition.

A student who has successfully completed this subject will:

• Demonstrate a deep understanding of the Chinese company law and securities law relevant to the topics covered in the subject;
• make use of rules and regulations issues by the regulatory bodies when assessing the state of the law;
• identify and analyze the legal issues that typically arise in the subject area;
• evaluate legal rules in this area from a comparative perspective.

10,000 word research paper (100%) (6 November) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.