Accidents of equity and the aesthetics of Chinese offshore incorporation

Случайности права справедливости и эстетика китайской офшорной инкорпорации
Bill Maurer, Sylvia Martin
2012-07-17

British Virgin IslandsChinese offshore incorporationaesthetics of capitalequity jurisprudenceoffshore finance centers
ABSTRACT The British Virgin Islands is second only to Hong Kong as a source for foreign investment into China. Over the past two decades or so, Chinese entrepreneurs have demonstrated a preference for incorporating in the offshore finance centers of the Caribbean. Chinese offshore structures are different from earlier uses of the offshore in their unique and seemingly transparent aesthetic form. We show how equity—a legal argument and tradition that moderates the letter of the law—and these structures mutually engage one another through spatiotemporal reference and framing. We argue that this engagement is accidental, a coincidence of aesthetic form rather than an emergent phenomenon of any larger process or the product of a plan. It is also not a contingent articulation of compatible elements from the corporate and legal domains. In exploring the aesthetics of Chinese offshore incorporation and court cases that invoke equity, we argue that the accidental discovery of equity can reorient certain analytical conceits about capital and how we can know it.
1
Chinese offshore structures differ from earlier offshore uses through a distinctive, seemingly transparent aesthetic form.
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Equity and offshore structures mutually shape one another through shared processes of spatiotemporal reference and framing.
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Examining Chinese offshore incorporation and equity-based court cases suggests that discovering equity can reorient analytical assumptions about capital and its knowability.
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Over roughly two decades, Chinese entrepreneurs have increasingly preferred incorporating through Caribbean offshore financial centers.
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The British Virgin Islands ranks second only to Hong Kong as a source of foreign investment into China.
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This relationship is characterized as accidental: an aesthetic coincidence rather than the outcome of a broader process, deliberate plan, or contingent legal-corporate alignment.

Chinese offshore incorporation structures in Caribbean offshore finance centers, particularly the British Virgin Islands

The aesthetic form and spatiotemporal relationship between Chinese offshore incorporation structures and equity as a legal tradition, including its accidental character and implications for understanding capital

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2012-07-17
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Bill Maurer
Sylvia Martin
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