How to create charge over listed shares in China
March 17, 2009 | BY
clpstaff &clp articlesPhilips Zhenyu Ding and Xiang LiRun Ming Law [email protected], [email protected] the December 2008/January 2009 issue of China Law &…
Philips Zhenyu Ding and Xiang Li
Run Ming Law Office
In the December 2008/January 2009 issue of China Law & Practice, the authors introduced the Measures on Registration of Equity Pledge with Administrative Authorities for Industry and Commerce (Measures), which came into effect on October 1 2008. However, Article 2 provides that the Measures do not apply to charge over the shares of a company limited by shares, which have already been registered with China Securities Depositary and Clearing Corporation Limited (China Clearing). To supplement the previous commentary, this article examines relevant PRC laws, rules and practices as to the creation of charge over listed shares in this issue.
Creation of charge over listed shares
ThePRC Property Law andPRC Security Law expressly allow the creation of