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Monday, August 15, 2005

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?????????????阿里巴巴和马云赢得雅虎信任

直到最近,可能还没有任何人比马云(Jack Ma)更相信他自己。

如今,这位阿里巴巴(Alibaba.com Corp.)的创始人找到了一个同样对他充满信心的支持者:雅虎公司(Yahoo! Inc.),后者最近将10亿美元押在了这家公司上,期待著这位当过英文老师的中国网络精英能够帮助雅虎拓展中国市场。

在周四宣布的交易中,雅虎将向阿里巴巴支付10亿美元, 并将目前所有的中国业务都转让给阿里巴巴,以此换取该公司40%的股权。雅虎也将因此成为阿里巴巴最大的外部股东,在四人董事会中占据一个席位,并拥有35%的投票权。上述10亿美元中的一部分资金将用于从现有股东手中购买公司股票。

这宗交易显示出了雅虎对马云的高度信任。现年40岁的马云说话大胆,也深谙领导之道,这在公司的创建过程中发挥了有益的作用,同时也让国内外的竞争对手感到了压力。雅虎和阿里巴巴的联姻将巩固马云作为中国新一代企业家杰出代表的形象,并给了他更广阔的施展空间,向更远大的目标迈进。

马云在周四的新闻发布会上表示,他和公司领导团队的目标,就是要把阿里巴巴打造成世界上最伟大的中国公司。

雅虎的管理人士坦言,此次入股阿里巴巴实际上就是承认:在中国推广雅虎的品牌,马云能比公司过去做得更好。人们普遍认为中国将超过美国,成为全球互联网用户数量最多的市场。

雅虎首席运营长罗森格(Daniel Rosensweig)表示,这并不是意味著雅虎单靠自己的力量就无法取得成功,这样做是让雅虎有机会与一个优秀的管理团队合作,从而能更快地将业务拓展至更广阔的空间。

联姻后,新公司将把阿里巴巴现有的企业对企业(B2B)业务、消费者拍卖网站业务与雅虎的中国搜索引擎业务、通讯服务业务结合到一起,在中国互联网几乎所有主要业务领域都将发挥举足轻重的作用。管理人士称,在周四宣布的交易中,阿里巴巴的企业价值被确定为超过40亿美元。该公司去年销售收入为4,600万美元。

不过,与雅虎的联姻也带来了新的压力和挑战。马云必须让新股东满意,而雅虎想要的无疑就是努力让其品牌在中国取得成功。

马云的经验背景让他在中西方两种不同的商业环境之间游走自如。马云出生在历史名城杭州,文化大革命时期他尚年幼无知,80年代成年后却正好赶上了中国经济迅速发展的时期,他如饥似渴地学习英语,并利用课余时间为到杭州及其风景名胜西湖观光的外国游客担任免费导游。

马云1988年从毕业杭州师范学院(Hangzhou Teachers Institute),获得英语专业的学位。之后他在杭州电子工学院(Hangzhou Electronic & Engineering Institute)当了几年的老师,教授语言和国际贸易。

1995年,马云开始创办一个名为中国黄页(Chinapages.com)的网上通讯名录,并很快被中国外经贸部看中,请他帮助维护网站。1999年他创办了阿里巴巴网站,目的是通过网络帮助中国的小企业联系其他地方更大的市场。那时在关注中国市场的外国网络界管理人士当中,马云已是小有名气。1998年,雅虎创始人杨致远到中国旅游的时候,是他陪著杨致远四处观光。两人当时在长城的一张合影在周四的新闻发布会上颇为抢眼。

马云在网站创办之初就表现出了强烈的自信。2000年4月,美国那斯达克市场的泡沫开始破灭的时候,许多互联网人士都认为前途渺茫。而这位阿里巴巴的首席执行长却依然满腔热情。

他当时在接受采访时俏皮地说,“我真想开瓶香槟”,庆祝一下股市暴跌。他认为,股市下跌能清除那些没什么价值的公司,为阿里巴巴在年底的上市改善市场环境。“这有利于市场的健康发展,对阿里巴巴这样的公司非常有利”,他说。

5年之后,阿里巴巴仍未上市,但马云已经在高层赢得了一些仰慕者。他经常受邀出席著名场合,例如世界经济论坛(World Economic Forum)和美国的哈佛商学院(Harvard Business School)等。

“他有卓越的管理能力”,阿里巴巴目前最大的外部股东、软库(Softbank Corp.)创始人兼首席执行长孙正义(Masayoshi Son)这样评价马云。“如果说哪家非美国公司能向全球市场推广一种全新的商业模式,那就是阿里巴巴了。”

不过,有些分析师认为,马云开创的业务能否迅速发展壮大,实现他的宏伟目标,这些都还是未知数。北京的互联网行业咨询师、从1998年就认识马云的邓肯·克拉克(Duncan Clark)说,他有一种神奇的魅力,能让人们放松下来,能把人们团结在一起。但到目前为止,阿里巴巴的业务仍未发展到真正符合马云雄心壮志的水平。

马云最大的对手一直是美国拍卖网站eBay Inc.。2003年初期,看到eBay在中国市场的地位越来越强大,马云秘密召集了几位最信任的雇员,移师当年创建阿里巴巴的总部--杭州市某公寓。他们在那里蛰伏了几个月,起草了阿里巴巴消费者拍卖网站淘宝网(TaoBao.com)的方案。

2003年7月,淘宝网推出,从eBay手中迅速抢占了不少中国市场的份额。马云承诺,至少在明年7月之前不向淘宝网用户收费,所以淘宝网到现在都没有收入。

马云一直保留著杭州那所并无特色的公寓,阿里巴巴一位高层管理人士说,马云准备最终把那里变成一所博物馆。

香港时间2005年08月13日07:10更新

Wednesday, August 10, 2005

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Deputy of NPC urges Corporate Law changes


2003-03-07
China Daily



China's Corporate Law is in desperate need of changes to adapt to the needs of the market economy, deputies to the ongoing National People's Congress session urged.

Deputies and legal professionals stress that the reform will require the revision of or scrapping of a host of laws.

Some experts pointed out that the biggest flaw in China's corporate law system is its classification of different forms of ownership.

Besides the Corporate Law, enacted in 1993, China still has a law on State-owned enterprises and several regulations governing foreign-funded companies.

"It sounds odd to seek a modern corporate system on one hand, but label companies according to their ownership on the other," said Zhang Mingshu, a law professor at the Chinese Academy of Social Sciences.

He said the current corporate law system is a legacy of the planned economy and must be replaced by a uniform code governing all forms of ownership.

"Many dated corporate rules, such as investment limits, have become a major barrier to businesses' development," said Li Dongsheng, an NPC deputy and chairman of the TCL Group, an electronic company in South China's Guangdong Province.

The Corporate Law sets the ceiling of a company's investment at 50 per cent of its net assets to control economic bubbles.

Li said the limit is too strict and has curbed the expansion of domestic companies, many of whom are competing with established foreign companies.

He also warned that legal barriers had prevented the introduction of a lot of new technology.

The Corporate Law stipulates that intangible assets must not exceed 20 per cent of a company's subscribed capital.

The rule has prevented many cash-strapped inventors from taking commercial advantage of their genius, despite the booming of the high-tech and venture capital sectors worldwide.

Ironically, many places, such as Beijing's Zhongguancun High-tech Park, have already mapped out new policies to foster small high-tech firms regardless of the legal restrictions.

"Although the Corporate Law was amended in 1999, it is now outdated," said Yu Wen, an NPC deputy and vice-chairman of the Association of Industry and Commerce in North China's Hebei Province.

She said the lack of rules on merger and acquisitions has hindered the expansion of many companies.

Meanwhile, the government's tight control on incorporation is at odds with the market, she added.

The Corporate Law requires the establishment of a joint-stock company to be approved by a provincial government or a department appointed by the State Council. The criteria for issuing corporate bonds or getting companies listed is even stricter.

Other rules concerning the operation of companies, such as the Securities Law and regulations on corporate registration and bond issues, may all need to be revised accordingly, he added.

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optionCorporate social responsibility in China


2005-05-13
China Daily


What happens when businesses are driven not just by maximizing profits for their shareholders, but also by benefiting the wider community and environment in which they operate? Sparks fly. Amazing feats are achieved in local communities, factories, businesses, and even nations.

The past quarter of a century has seen Western businesses investing heavily in China, all striving to adapt their business models to this huge market, while bringing capital, technology and management know-how to the country.

Today, China is probably more integrated into the international community than at any point in its history, and the competitive economic landscape is changing rapidly. For multinational companies that take social and environmental responsibilities seriously, unprecedented opportunities abound for them to turn the corporate social responsibility (CSR) fad into a real opportunity for social change.

Trends and initiatives

Corporations wishing to sponsor community engagement projects will find no shortage of suitable candidates. For instance, IBM has pumped tens of millions of US dollars into learning centres at Chinese kindergartens, schools and universities, supplemented by teacher and scholar training programs.

Ascott Group, an international firm that manages luxury-serviced apartments, has opted to help pupils in Guangxi, in collaboration with World Vision, by donating funds to provide immunizations and nutritional lunches for more than 400 children. The company also contributed funding to renovate the school kids' dormitories, which are drafty and often require students to share bunks, sometimes with up to three students in each.

Some firms take a more hands-on approach to strengthening local charitable initiatives. Take the UPS Global Volunteerism Week. It has become a company norm to allow employees time off to undertake volunteer work in the community. During the volunteering week employees go out of the office and donate their time to help non-governmental organizations in their community activities such as painting, helping the elderly, and organizing auctions or in-kind donations.

Life is uncomplicated for those who see corporate social responsibility as a philanthropic pursuit. Yet an increasing number of business and civil leaders tend to differentiate corporate citizenship from philanthropy. More attention has been focused on integrating corporate social responsibility practices into business objectives and, above all, redefining the role of a company in society and its environment.

As a founding signatory to the Wolfsburg Principles on anti-money laundering for international private banks, HSBC implements comprehensive anti-money laundering standards across its entire business line. The firm uses careful identification procedures for opening accounts, close monitoring of transactions and a worldwide network of control officers for tracking and reporting. In addition, the company conducts money laundering awareness programs for every new member of staff and refresher training courses where relevant.

More than 1,020 Chinese teenagers would not have been able to make their entrepreneurship dreams come true without Boeing China's support for the Junior Achievement business plan programme. Mentored by volunteer consultants from the business community, these young entrepreneurs developed their business ideas, and organized and operated actual business ventures. They also had a chance to participate in programs that cultivated leadership, team spirit and interpersonal skills. "As a member of China's community, Boeing's support is a gift to the children in China, because they carry forward the hope and future of this great country," said Boeing China President David Wang.

Since 1999, Microsoft China has provided nearly 4.5 million yuan (US$542,000) to support computer skills training projects for laid-off and migrant workers in Liaoning, Sichuan, Guangdong and Shanghai.

"Microsoft is committed to addressing the digital divide issue," said David Kay, deputy general manager of Microsoft China, "because we believe, as a technology company, our combined resources - including products, technologies, solutions and cash grants - can be most effectively utilized in tackling this issue."

The company's recently launched Unlimited Potential grant programme is intended to further transform community centres that currently provide only basic access to technology into a technology-enabled centre for learning and collaboration.

While things are relatively straightforward for multinational corporations following a consistent code of conduct directed by the parent company, the situation gets far more complex for those companies that outsource manufacturing in China so as to cut costs. This is the area that has attracted the attention of the media and civil society.

Ever since the Western public outcry in the 1990s about sweatshops in Asia operated by big foreign firms, labour compliance has become a permanent reality in corporate boardrooms. Stephen Frost, a research fellow at the Southeast Asia Centre of the City University of Hong Kong and chief editor of CSR Asia magazine, is a long-term observer of the changing environment.

He recalled that in the mid-1990s footwear manufacturers like Nike and Reebok started to issue global codes of conduct to ensure their suppliers complied with certain standards, such as not hiring children or recruiting prison labour, no gender discrimination, no harassment of workers, and so forth.

"The whole idea was the brands asked the suppliers to comply, and they checked by inspections," explained Frost. "But later on, when the audit-based approach was found to be ineffective, the big firms turned to engage with the factory management together to deal with the problems."

Adidas initiated occupational health safety training courses for its workforce and Reebok created a female workers' welfare programme.

Nike and Target offered labour rights education programs to owners and managers of hundreds of small Chinese enterprises.

In partnership with academic and non-governmental organizations, a consortium of export-processing companies including Ford Motor, Gap, HP, Liz Claiborne, Pfizer, MeadWestvaco, Motorola and Target recently launched a standing programme in China called Global Supplier Institute. Following a "beyond audit" strategy, the consortium will be offering training programs on management, health and safety, and HIV/AIDS, amongst other compliance curricula.

Another leading United States retailer is taking these efforts a step further. May Department Stores, which owns retailers such as Hecht's, Lord & Taylor and Marshall Field's, has recently awarded 36 Chinese migrant women workers scholarships for degree education. This innovative empowerment scheme for female workers is believed to be the first of its kind in the country.

Critical success factors

For corporate social responsibility initiatives to be successful, a number of factors must come together, including strong partnerships, communication, core values and policy engagement.

Most business and civil leaders believe that the most important contribution corporations can make to society is through the way they run their own businesses.

"Co-operation is the basis of our CSR approach," said Mark Spears, Director of International Labour Standards for the Walt Disney Company. "We work together with a variety of stake-holders, including investors, other companies, licencees, suppliers, academic, civil society members and government agencies, as each of them contributes a vital perspective to the process."

Successful collaboration is expected to leverage resources, skills, competencies, technology and networks, thereby maximizing social impact.

The Asia Foundation has been an active convener facilitating multi-stake-holder dialogues and peer learning opportunities. In a forthcoming workshop on labour law enforcement, the Foundation will bring together about 70 representatives of multinational corporations, Chinese officials, academics, and non-governmental organization leaders.

"Since we had a successful inaugural workshop in 2003, there's been growing interest for such a cross-sector forum where numerous initiatives get brokered and announced," said Allen Choate, vice-president of The Asia Foundation. "It's critical to have an ongoing vehicle for dialogues among CSR stake-holders."

Smart design and funding will not ensure a successful corporate social responsibility project. It must be efficiently implemented and monitored.

"You need to make the whole process transparent," noted Horace Ling, chief marketing manager of World Vision. "I can never emphasize enough on-going communication."

It is risky to underestimate interest in pro-social schemes. When Ling first issued a customized newsletter, he put about 100 names on the list, but more than 500 people signed up. The newsletter circulation has now reached 2,500 every quarter.

Internal communications are just as important. "You do need to encourage employees to actively participate in the socially responsible initiatives, as nobody personifies your commitment to the local community better than them," said John Hong, senior corporate affairs manager of Microsoft China.

"Recognize their efforts, create conditions for their participation, and make it part of your corporate culture."

Soccer in the Box, a community engagement project initiated by Bayer China, is a vivid example of how a company carries its tradition and culture in socially responsible campaigns. The company donates footballs and kits to children in impoverished regions, helping them to organize teams.

Bayer AG was founded in a remote area of Germany in the 1860s, and in the early days the company established sports clubs to help retain employees. Today, there are 29 clubs for Bayer employees in Germany and some have become professional clubs in the high-profile National League.

"So the soccer boxes help bring to the community our core culture," explained William Valentino, Bayer's corporate communications manager in Greater China. "It also helps spread our values, which is all about fair competition, teamwork, and education for social benefits."

To ensure corporate social responsibility programs address practical problems that the government cares about and will endorse, there has to be an alignment with government priorities.

The Global Business Coalition on HIV/AIDS has been a leader in just such a successful alignment. With more than 180 leading international businesses, the coalition's membership represents a workforce of nearly four million in 178 countries.

The coalition recently launched an unprecedented joint action plan with the Chinese Ministry of Health to battle the HIV/AIDS pandemic.

"To prevent and control HIV/AIDS is not only the obligation of the Chinese Government, but also the common responsibility of the entire society including the business sector," Vice-Premier Wu Yi was quoted as saying by People's Daily, at the joint summit. She promised the government will update laws and regulations, increase financial input and ensure free treatment and care for HIV patients.

Michael Furst, vice-chair of the American Chamber of Commerce in China, is a proponent of the corporate sector's engagement in the policy dialogue. "The businesses need to be aware of the policy implications of what they are doing. Otherwise, CSR would likely remain a micro response to macro issues," he said.

Furst added that multinational corporations sometimes have different political values than the local government where they operate, and thus effective cross-cultural communication is needed.

That explains, in part, why local expertise is so vital in any policy research or advocacy activities. The Asia Foundation, for instance, worked with the Development Research Centre of the State Council in a research project on foreign direct investment in China. The partnership helped yield some inspiring fact-finding and policy recommendations for this heated subject.

Key considerations and caveats

Despite the positive scorecard on corporate social responsibility activities and achievements worldwide, and business executives' passion for social issues, the matter does not go without criticism.

Firstly, there is a debate about the voluntary nature of social responsibility. The sceptical say corporate social responsibility is by default not designed to replace regulations, but to complement them. Enforcement difficulties may become an obstacle.

But the counter argument maintains corporate social responsibility is important where regulations are not in place or insufficiently enforced. As legal instruments evolve, there needs to be a better integration of voluntary approaches and laws or government regulations.

Secondly, while nobody questions the likelihood of a company suffering in the long run if it profits while inflicting harm on the community, the upside of pro-social investment is hard to quantify.

Companies that do have such schemes in place have yet to find a good measure of their return on investment.

Local firms, where multinationals source, are still expected to deliver price-competitive manufacturing while at the same time sharing the costs of pro-social measures. Operational cost increases become a target of complaint.

Nowadays suppliers have to meet very stringent standards in terms of workplace conditions before they are able to bid for outsourced manufacturing.

Lastly come concerns about expanding and sustaining corporate social responsibility programs. How should firms make sure schemes are not one-off projects, and will be sustained after a company stops providing financial and other support?

Part of the solution might be empowerment - understanding the needs of local partners and beneficiaries, and focusing on building their capacity and capability, rather than creating dependence.

While there is still a long way to go before all the innovative inroads turn into sustainable development, trends in pro-social projects in China are extremely positive.

The movement has created a new era of public-private co-operation that is benefiting communities throughout the country, and leading to more socially responsible organizations throughout the world.