On the scope and path of regulating state-invested companies by company law
The newly revised company law has added Chapter 7"Special Provisions on the Organization of State-Invested Companies",realizing an important progress in the arrangement of the regulation of state-invested companies"from section to chapter,"the number of articles from"from few to many"and the scope of application"from wholly state-owned to state-funded."This progress has,to a considerable extent,overcome the defects of the original company law such as the regulation concepts being obsolescent,scope being limited,and paths being disordered.However,in the new company law,there still exist such chronic problems as ambiguous regulatory scope,insufficient supply of organizational norms,and the like.We need to further calibrate the regulatory scope of state-invested companies to include wholly-owned subsidiaries of wholly state-owned companies to ensure that the logic of the regulation of the perimeter.We also need to continue to improve the regulatory path and legislative technology,to simplify the repetitive provisions of related sectoral laws by introducing technology,and to enhance the supply of governance rules with institutional characteristics,including perfecting the provisions on Party organization,specifying the provisions on outside directors,encouraging and guiding the articles of association of state-owned holding companies to set up empowering and differentiated governance provisions in order to boost the adaptive character of the company law.
state-investedcompaniesregulatory scoperegulatory pathcompany law
万方数据
维普
