The Reality of Company Dissolution in China
July 18, 2023 | BY
Susan MokJue Li and Joel Evans of DaHui Lawyers look at the difficulties foreign investors face when divesting from China, in particular those associated with dissolution and non-bankruptcy liquidation.
Summary
- One means of exiting a joint venture is through dissolution and liquidation
- However, the broad nature of the relevant Chinese legal provisions means this route can sometimes be difficult for foreign investors
- Autonomous dissolution can involve long delays, while court-mandated dissolution in the event of company deadlock often involves numerous legal complications
- Investors would be wise to think ahead when preparing their shareholders agreements in order to mitigate future difficulties
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