On June 4, 2021, the twelfth keynote speech of the Fudan Transnational Corporations and Law Forum and the fifth episode of this Forum's special series of TNCs and International Tax Law was held successfully online. Dr. BAO Jin, Associate Attorney at Gowling WLG, delivered the speech titled Corporate Governance of TNCs and International Tax Planning: An Example of Tax Transfer Pricing.

Dr. BAO firstly outlined the relationship between corporate governance and international tax planning of TNCs from the perspectives of both corporate law and tax law: the board and management of TNCs enjoy equivalent discretion in making decisions on international tax planning as in making other business judgments of corporate governance matters, while subjecting to the obligations under Duty of Loyalty and Duty of Care provided by corporate law in addition to those under tax law. He then used an oppressive or unfairly prejudicial litigation initiated by the minority shareholders in a Canadian affiliated company of the United States-based Ford Motor Company against a tax transfer pricing arrangement made by the board and management on behalf of Ford's majority holders (Ford Canada case) as an example to illustrate the economic factors that a TNC shall take into consideration when making tax transfer pricing arrangements. As demonstrated in the Ford Canada case, corporate law may restrict the discretion of the board and management of TNCs under the control of majority shareholders regarding the tax transfer pricing system if the interests of minority shareholders are harmed. In concluding the speech, Dr. BAO highlighted the importance of giving adequate consideration to the rights and interests of minority shareholders and other requirements of corporate law by TNCs while making decisions concerning tax transfer pricing arrangements. 

Associate Professor LU Zhian of Fudan University Law School, Professor ZHU Yansheng of Xiamen University Law School, and Ms. KOU Yimin, Partner of Beijing Jingshi Law Firm contributed inspiring comments from the perspectives of corporate governance, international tax planning, and business activities. Many other scholars, lawyers, and students also participated actively in the Q&A session. 

On June 18, 2021, the first episode of the third series TNCs and Information Security, titled Targeted Legislation in the Context of Generalized National Security: When and How can Judicial Review Intervene? would be delivered by Dr. MA Ji, Senior Lecturer of Peking University School of Transnational Law.