On The Harmonization Of Company Law Of The Mainland China, Hong Kong, Macau And Taiwan

This article aims at drawing lessons from Societas Europaea (SE) to realizeharmonization of company law of the Mainland China, Hong Kong, Macau, and Taiwan.Societas Europaea (SE) is a supernational corporation in Europe and a new type oftransnational corporation. Compared to traditional transnational corporations, SE presentsits superiority. The regional integration of Europe results in the creation of SE, EuropeanEconomic Interest Grouping (EEIG), Societas Cooperativa Europaea (SCE) and thecoming Societas Privata Europaea (SPE). Compared to EEIG, SCE and SPE, thesuperiority of SE contributes to its development in Europe, which reveals the necessity ofSE’s existence. As to the harmonization of company law of the Mainland China, HongKong, Macau, and Taiwan, we can refer to SE to realize regional economic integration.This article is divided into three parts, discussing these two problems: SE and theharmonization of company law of the Mainland China, Hong Kong, Macau, and Taiwan.In Part One, the author introduces the basic legal issues of transnational corporations,including three aspects: the establishment of transnational corporations, the jurisdiction oftransnational corporations and transfer pricing of transnational corporations aiming at taxavoidance.In Part Two, the author introduces the superiority of SE as a new type of transnationalcorporation and the necessity of its existence and development. Compared to traditionaltransnational corporation, SE presents its superiority from three aspects: the establishment,the jurisdiction and tax. Compared to EEIG, SCE and SPE, SE also presents its superiority,which reveals the necessity of its existence in EU.In Part Three, the author discusses the possibility of drawing lessons from SE torealize harmonization of company law of the Mainland China, Hong Kong, Macau, and Taiwan. Finally, the author proposes relevant suggestions.