Hinese and Comparative Company Law (Allocation of power )

1. Compare reg 82 in CO, Table A with sections 198A(1), 198A(2) (replaceable rules), Corporations Act (Australia) which read
 The business of a company is to be managed by or under the direction of the directors and
 The directors may exercise all the powers of the company except any powers that his Act or the company s constitution (if any) requires the company to exercise in general meeting , respectively and consider:

1. Which division of powers approach is preferable? State your reasons.
2. What are your views on the ways in which corporate powers are divided among different corporate organs?
3. Do you agree with the court s judgment in the An v Nanjing Shihua Construction Supervision Co Ltd (2000) A Collection of Key PRC Law Cases (Zhongguo Shenpan Anli Yaolan) 266, case? State your reasons.
4. Compare and evaluate the approaches to corporate power allocation adopted in common law jurisdictions (which may be different) and that in China. Please use relevant cases to support your argument