Research On Legal Issues In "New Hong Kong Companies Ordinance(2012)" And Its Inspiration To The Mainland

Hong Kong “Companies Bill” on July12,2012passed into law by the LegislativeCouncil, Hong Kong’s new “Companies Ordinance” on March3,2014came into force(the restriction disclosure of personal identification number and paperless except for theprovisions of the system).This is an important milestone in Hong Kong’s legislativehistory. This revision lasts for several years, and is of great significance for thedevelopment of the Hong Kong company law. By contrast, although the latest“company law of the People’s Republic of China” on December28,2013passed intolaw, which also made a lot of big changes. But unfortunately, the changes are stillinsufficient, which also makes this paper has more practical significance.Given the strong Hong Kong as an international trade center and the economicstatus of the world’s third largest financial center and the state of the “one country, twosystems”, at the same time, considering the change direction for the future of Chinesecompany law and the significance of practical development, therefore in the latestrevision of the Hong Kong company law, this article discuss on three controversialproblems, which have the most significant for the mainland legal system, namelyproblems of the voting rules, stock value and disclosure of director address, and identityidentification number. Hope that through in-depth analysis of the three legal issues, andfrom the perspective of comparative law research reflects some new developmentabroad, also hope provide some beneficial reference on the corporate development ofmainland.This article is divided into five chapters, the main content is as follows:The first chapter “introduction”. On the basis of the introduction of selected topic’sbackground, introduce research purpose, article’s significant, research ideas, researchmethods and research content.The second chapter “literature review”. Related research results at home andabroad are introduced.The third chapter “the2012Hong Kong companies ordinance’s related legal issues of reform outline”. Shows the reform and innovation of three problems, named as “theabolition of the authentication mechanism and determine a number one vote principle”,“enforcing no-par stock system” and “limit disclosure of directors address, and identityidentification number" in Hong Kong.The fourth chapter “legislation analysis of the2012Hong Kong companiesordinance’s related legal problems”. Feasibility of the implementation of these threelegal system make a more detailed analysis.The fifth chapter “the present situation and problem analysis of the2012HongKong companies ordinance’s related legal problems in mainland”. Illustrate in the threeaspects mainland legal system’s law and shortcomings.The sixth chapter “enlightenment to the mainland of the2012Hong Kongcompanies ordinance’s related legal problems”. Through the above discussion suggeststhat inspired for mainland China.The last chapter of this article is generalizations of the theory and practice of theabove, and on the outlook for future research are put forward.