Search News and Articles
Legal Developments Worldwide
- United Arab Emirates
- Austria
- Azerbaijan
- Belgium
- Bahrain
- Bosnia-Herzegovina
- Bulgaria
- Belarus
- China
- Croatia
- Cyprus
- Czech Republic
- Germany
- Denmark
- Egypt
- Spain
- Estonia
- Finland
- France
- Greece
- Guernsey
- Gibraltar
- Hong Kong
- Hungary
- Indonesia
- India
- Ireland
- Israel
- Italy
- Japan
- Jersey
- Cayman Islands
- Kazakhstan
- Lithuania
- Latvia
- Luxembourg
- Malta
- Moldova
- Mexico
- Malaysia
- Netherlands
- Norway
- Philippines
- Poland
- Portugal
- Qatar
- Romania
- Russia
- South Africa
- Sweden
- Singapore
- South Korea
- Slovakia
- Slovenia
- Saudi Arabia
- Switzerland
- Taiwan
- Thailand
- Turkey
- Ukraine
- Uzbekistan
- Vietnam
- British Virgin Islands
- Serbia
- Guernsey
- Jersey
- Mauritius
- Montenegro
- Senegal
- UK
Articles contributed by Guantao Law Firm
Memorandum on “The Circular of The NDRC on the Issuance of RMB Denominated Bond in Hong Kong..."
Special Administrative Region by Domestic Non-financial Institutions
Learning from Huawei's Case: Its Implications for China
With Huawei's declaration to accept the recommendation by the Committee on Foreign Investment in the United States (CFIUS) to drop its patent-purchase deal with a U.S. small technology company 3 Leaf Systems, its attempt to acquire U.S.-based high-tech company fails once again. China’s Ministry of Commerce expressed “regrets” over Huawei’s failure in the acquisition, and hoped the United States to take appropriate measures to avoid protectionism and adopt a fair, just and open attitude towards the investment from around the world.
No Break of Lease with Bargain
"no break of lease with bargain” has been established as a PRC civil law principle on real property. Based on this principle, tenant shall be entitled to use the leased property within the term of the lease even if landlord alienated the property to others, and the buyer can neither terminate the lease nor evict the tenant merely because he is the new owner of the property. Currently, the expression of “no break of lease with bargain” is not only appeared as a theoretical term but also incorporated into regulations. For instance, Administrative Measures of Shanghai Municipal on Leasing of Residential Property take effect as of October 1, 2011, and the subtitle of Article 19 is exactly expressed as “no break of lease with bargain”.
Common Legal Risks in Outbound Direct Investment of Chinese Enterprises
R&D issues that foreign investors may need to consider in joint venture negotiations
More international companies are moving their R&D activities to China.Doing so through establishing a wholly foreign-owned enterprise is an easier solution, as it enables the international companies to keep all intellectual property rights (IPR) to themselves, without risking sharing this with a local partner.
Not enough attention paid to significant legal risks in M&A process
In the merger and acquisition process, a comprehensive understanding (or lack thereof) about the significant legal risks that are embedded can determine the success or failure of the deal. Lawyers and in-house counsels should pay close attention to the following issues:
Not enough attention paid to significant legal risks in M&A process
In the merger and acquisition process, a comprehensive understanding (or lack thereof) about the significant legal risks that are embedded can determine the success or failure of the deal. Lawyers and in-house counsels should pay close attention to the following issues:
Analysis of legal issues in financial lease companies
Finance lease is one of the most important ways used for renewal of equipment and financing by companies. The main governing law in this area is the Measures for Administration of Financial Leasing Companies, which came into effect on 1 March 2007.
FIP Measures present both opportunities and challenges
The “Administrative Measures to the Establishment of Partnership in China by Foreign Enterprises and Individuals” (“FIP Measures”) came into effect on March 1, 2010.
Financial Strategy Adopted by Real Estate Companies and REITs
Real Estate Investment Trusts（”REITs”）have become a financial innovation area closely watched by real estate and financial industries since they were confirmed by the State Council in December 2008. REITs have also been recognized and understood by more and more people in China . After two years’ rigorous study of REITs by the relevant supervision departments, pilot rules and supporting regulations have taken shape and are expected to come into effect in China within this year.
Introduction to the relevant policies regarding foreign investment in China’s real estate market
In accordance with the current policies regulating foreign investment in China’s real estate market, and combined with Decree No.34 issued on March 8 2010 by the PRC Ministry of Land and Resources (Circular on the strengthening and monitoring of land supply for real estate-related issues), foreign investors are advised to pay attention to the following issues when investing in China’s real estate market.
CSRC offers guidance on ChiNext sponsorship, reiterating ChiNext market orientation
On 19 March 2010, China Securities Regulatory Commission (CSRC) issued the Guidelines on Further Duly Performing Sponsorship Work in Connection with ChiNext.
Time Management for PRC Anti-Monopoly Filings
Under the PRC’s new Anti-Monopoly law framework,many M&A transactions would have to be reported to the Anti-Monopoly Bureau (“AMB”), which means parties to the transaction need to allow extra time in the deal to complete this procedure.
Rules on Establishing Partnerships By Foreign Enterprises or Individuals
The Administrative Rules on Establishing Partnerships by Foreign Enterprises or Individuals within China ’s Territory comes into effect on 1 March 2010.