This 3-credit course will study and analyze business and investment law in the People's Republic of China (PRC), focusing on selected topics in commercial law generally, the law of corporate and unincorporated entities, securities law, the regulation of banks and non-bank financial institutions, corporate finance and M&A, and the law and regulation governing the PRC domestic capital markets and publicly listed companies accessing capital on both those domestic markets and global exchanges. In addition, the course will dedicate some time to understanding the still-separate legal and regulatory regime governing foreign investment generally, both direct (private) foreign investment, and foreign portfolio investment in PRC-domiciled firms raising capital on the Chinese and global public markets, and the impact of established and under-negotiation Bilateral Investment Treaties (BITs) between foreign nations and the PRC. Finally, the course will address the ever-increasing interaction between PRC firms and asset groupings with external (foreign) -- including U.S. -- legal and regulatory systems and radically different political economies. These topics will be considered in the context of the PRC's thoroughgoing economic system transition over the past 40 years, from a state-owned, centrally-planned, economy to something more closely resembling a capitalist market economy albeit with heavy state involvement, and the establishment post-1978 of an increasingly developed system of substantive law and regulation and complementary legal institutions. Throughout, students will be exposed to the unique aspects of China's political economy and business environment through intensive analysis of contemporary case studies.
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