SPC Typical Case: Foreign Investor Shareholder Inspection

Typical Case: Korea T Co., Ltd. v. Tian Cultural Products Co., Ltd. and Cao Mouxuan

In a shareholder-inspection action brought by a foreign investor as shareholder of a Chinese company, the authority of the foreign corporation's representative is governed by the law of its place of incorporation, while the content and exercise of the inspection right are governed by Chinese company law. The foreign shareholder may lawfully seek access to and copies of corporate resolutions and financial reports, as well as inspection of accounting books and underlying vouchers.

Holding

In a shareholder-inspection action brought by a foreign investor as shareholder of a Chinese company, the authority of the foreign corporation's representative is governed by the law of its place of incorporation, while the content and exercise of the inspection right are governed by Chinese company law. The foreign shareholder may lawfully seek access to and copies of corporate resolutions and financial reports, as well as inspection of accounting books and underlying vouchers.

Issues

representation of a foreign corporate shareholdershareholder inspection rightsinspection of accounting books and underlying vouchers