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4 - Corporate Reorganisation Financing in China

Published online by Cambridge University Press:  21 September 2018

Zinian Zhang
Affiliation:
University of Leeds
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Summary

Chapter 4 casts light on how companies in reorganization seek financing to fund the restructuring. First, it is found that although China's new reorganization law encourages secured borrowing, this mechanism has never been used in practice, partly because there are few free assets left and partly because many court asset-freezing orders are difficult to be removed, as a result of which lenders have little confidence in extending loans, even on a secured basis. Second, unsecured borrowing suffers the ambiguous protection in China's bankruptcy law, and especially its priority over pre-petition unsecured claims is not clear enough to give lenders certainty; and due to the vigorous risk assessment systems of banks in China, reorganization financing from banks is impractical in reality. Third, most reorganization administrators have to find cash internally by selling some assets or collecting receivables. But the bigger picture should not be forgotten, since most China's corporate reorganizations are company sales, and it is the company buyer who injects cash to revive the company's business through and after the reorganization procedure.
Type
Chapter
Information
Corporate Reorganisations in China
An Empirical Analysis
, pp. 108 - 127
Publisher: Cambridge University Press
Print publication year: 2018

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