Transfer of Shares in Limited Liability Companies

The Provisions of the Supreme People’s Court on Certain Issue Concerning the Application of the “Company Law of the People’s Republic of China” (IV) – Transfer
of Shares in Limited Liability Companies

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Australian Guide to Legal Citation (3rd ed)

On 25 August 2017, the Supreme People’s Court promulgated the Provisions of the Supreme People’s Court on Certain Issue Concerning the Application of the “Company Law
of the People’s Republic of China” (IV) (Fa Shi [2017] No. 16) (hereinafter called the Judicial Interpretation IV), which became effective on 1 September 2017. You
have to read the Judicial Interpretation IV and, based on the Judicial Interpretation IV, write an essay to explain how the provisions in the Judicial Interpretation
IV supplement and/or clarify Article 71 of the Company Law of the People’s Republic of China 2013. In your Essay, you also need to comment on the strength/merits and
weakness of these provisions in the Judicial Interpretation IV. In writing the Essay, please note the following:

?the term “equal terms and conditions” in the English translation of the Judicial Interpretation IV in Westlaw China was translated as “same conditions” in the English
translation of the Company Law of the People’s Republic of China 2013 in Westlaw China;
?ignore any provision concerning State-owned shares;
?the lecture for Week 4 (Company Law) was recorded and posted on iLearn before the promulgation of the Judicial Interpretation IV; and
?the Lecture Notes for Week 4 (Company Law) were prepared and posted on iLearn before the promulgation of the Judicial Interpretation IV.

 

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