Firm Profile > Han Kun Law Offices > Beijing, China
Han Kun Law Offices Offices
9/F, OFFICE TOWER C1, ORIENTAL PLAZA
NO. 1 EAST CHANG AN AVE.
BEIJING 100738
China
- Go to...
- Rankings
- Firm Profile
- Main Contacts
- Lawyer Profiles
- Client Testimonials
- Domestic Language Profile
- Legal Developments
- Legal Briefings
Han Kun Law Offices > The Legal 500 Rankings
Fintech: PRC firms Tier 1
The 'energetic and creative' fintech team at Han Kun Law Offices advises a wide range of cross-border clients on areas such as regulation and compliance, equity finance, M&A, and venture capital transactions. An impressive group of clients includes WeBank, Welab, and Baidu, with matters including internet financing, compliance, and public listings. The team is led by the 'authoritative' Jun Wan, who is praised for his 'professional, creative and rigorous approach'. Wan and Charles Li acted as PRC counsel for TPG on the spin-off of Baidu's financial services group, an investment totalling $1.9bn.
Practice head(s):
Jun Wan
Other key lawyers:
Shu Wang; Zhu Jun; Tiecheng Yang;
Testimonials
‘Compared with other firms, Han Kun’s team is more energetic and creative. The team is willing to learn new things about the industry. As such, they can help clients to stand at the forefront with their professional legal support.’
‘Our company has repeatedly hired Han Kun Law Firm Shanghai branch to provide legal services for our company’s business compliance and special projects. In addition to professional and in-depth industry and research, Han Kun can also provide a lot of extra services, including industry information, legal advice, etc. Compared with other lawyers, they are more professional and have a better understanding of the industry.’
‘Jun Wan has a deep understanding and knowledge of the fintech industry.‘
‘Jun Wan combines strong legal knowledge and business sense into pragmatic and productive advice.‘
Key clients
Duxiaoman
Baixin Bank
WeBank
JDD
Sougou
Yirendai
9Fbank
Meituan-Dianping
Lianjia
Hexindai
Yongqianbao
WeCash
Tongbanjie
Xin
Wacai
Yixin
China Rapid Finance
Sui Group
Huaruntong
Vipshop
Welab
Lexin
Xiaoying
Shunfeng Finance
Investment funds: PRC firms Tier 1
Han Kun Law Offices has 'a strong team for RMB fund raising, both at partner and associate level'. The 'highly experienced' team advises both multinational industrial groups, offshore established fund managers and state-owned enterprises. It has seen a steady flow of RMB and offshore fund formation mandates, as well as handling foreign asset management firms' Asset Management Association of China (AMAC) registration and related compliance matters. Recent highlights include advising China Broadband Capital on the formation and fund raising of its Cheng Bai II Fund, and advising Matrix in setting up its second RMB Fund. Huaying (Daisy) QI has 'a thorough understanding of dollar fund and RMB fund' and is able to provide 'a solution that is both technical [and] commercial'. Ping Zhang, Chaoying Li and Yijun Chao are further names to note within the team which lost private investment specialist James Wang to Jingtian & Gongcheng in 2019.
Other key lawyers:
Li Zhou; Daisy Qi; Lu Ran; Lin Zhou
Testimonials
‘Han Kun has a strong team for RMB fund raising, both at partner and associate level‘.
Key clients
Qiming Venture Partners
China Broadband Capital
Matrix
IDG Capital
China Renaissance Capital
Sinovation Ventures
CDH
Banyan Capital
CEC Capital
AlphaX Partners
Xiang He Capital
Yahui Precision Medical Fund
Baidu Capital
Tencent
Private equity: PRC firms Tier 1
Han Kun Law Offices is very well known for assisting prominent names in the private equity and venture capital industry with high-value, complex investment and fundraising matters. It has represented over 100 foreign and domestic private equity and venture capital firms, and successfully closes hundreds of investments per year. Among them, Chaoying Li and Sheng Li acted for the lead investor SoftBank Vision Fund in its $1.9bn financing of Manbang Group and handled Guazi.com's Series D financing transaction, in which SoftBank Vision Fund invested $1.5bn in the company. Yijun Chao and Ying Yang advised Missfresh on its Series E financing from over 11 new investors, including financial and strategic investors.
Other key lawyers:
Chaoying Li; Yijun Chao; Ying Yang; Tracy Zhou; Sheng Li
Testimonials
‘The team responds swiftly and the solutions it provides is always beyond client’s expectation‘.
‘The team can always provide flexible solutions from multiple perspectives‘.
‘Sheng Li has deep private equity knowledge and is fluent in English‘.
Key clients
Warburg Pincus
KPCB
Sequoia
DCM
IDG
BRV
SAIF
Vivo Ventures
Legend Capital
Matrix Partners
Baidu
Tencent
TMT: PRC firms Tier 1
Han Kun Law Offices' multidisciplinary advises multinational Chinese and foreign TMT companies (including Baidu, Tencent, JD.com, Levono and Philips) as well as investors on the range of corporate transactions, regulatory compliance, IP and litigation matters. Key figures on the team include Charles Li, who specialises in public and private financing; private equity and venture capital investment expert Yijun Chao; and Tracy Zhou, who has experience in antitrust law and foreign direct investment issues. Adrian Lv is another name to note with corporate law expertise.
Other key lawyers:
Charles Li; Yijun Chao; Dafei Chen; Tracy Zhou; Gloria Xu; David Li; Jun He; Adrian Lv
Testimonials
‘It has a leading position in the TMT industry‘
Key clients
Baidu
Tencent
JD.com
Meituan-Dianping
NBA China
Verizon
Naver
Lenovo
CAR Inc.
NIO
58.com
AsiaInfo
Ericsson
Antitrust and competition: PRC firms Tier 2
Han Kun Law Offices' antitrust team works closely with its patent litigation and commercial litigation group on antitrust matters involving government investigation and litigation. Chen Ma has a wealth of experience handling China merger control filing, litigation, and cartel investigation, and Shanghai-based Yan Wang is an experienced litigator on IP protection and antitrust cases, particularly relating to standard essential patents (SEP) antitrust litigation cases in China and abroad, representing well-known international clients in the smartphone industry in connection with SEP antitrust litigation matters. Recent highlights include handling an abuse of market dominance dispute, a MOFCOM investigation relating to a high profile merger, and a steady flow of merger control filings.
Practice head(s):
Chen Ma
Other key lawyers:
Key clients
Bayer
Mastercard
Tencent
Delphi
JD.com
Schindler
Heineken
Louis Dreyfus
Softbank
Homelink
Banking and finance: PRC firms Tier 2
Han Kun Law Offices stands out in the area of asset finance, with a strong aircraft and shipping leasing practice. The group also regularly handles syndicated and bilateral loans, securitisations and cross-border lending. The department is led by Xiaoming Li and includes aviation finance experts Shu Wang and Zhu Jun ; financial services specialist TieCheng Yang, whose experience includes RMB internationalisation, bond issuances, securities and insurance; and Jun Wan, who has developed a niche in fintech, blockchain and crypto-currencies. In 2018, the group was joined by counsel Yi Ding from Baker McKenzie FenXun and Huhuan Li from Zhong Lun Law Firm.
Practice head(s):
Xiaoming Li
Testimonials
‘Professional and understanding‘.
‘Efficient‘.
‘They have a very good understanding of the needs of the entire industry and customers‘.
Key clients
GECAS
ALC
ACG
Aercap
BOC Aviation
ICBC Financial Leasing
CCB Financial Leasing
ABC Financial Leasing
China Eximbank
Kunlun Financial Leasing
Macquarie AirFinance
Capital markets: PRC firms Tier 2
Han Kun Law Offices is predominantly instructed on overseas capital markets transactions, acting for both Chinese issuers and international underwriters. The group has expertise in IPOs, as well as follow-on equity and debt offerings. Yijun Chao has a strong track record with TMT-sector clients; Huan Wang focuses on offshore public offerings; and Dafei Chen is noted for US Securities and Exchange Commission-registered offerings. Both Chao and Wang also have expertise in the intersection between intellectual property rights and capital markets transactions.
Other key lawyers:
Yijun Chao; Dafei Chen; Huan Wang; Jason Wang; Bin Zhi; Yang Chen
Testimonials
‘The lawyers maximize their expertise and understand our needs, thus helping our company solve problems in a timely and effective manner‘.
‘They are very experienced in the TMT industry, which is their main advantage in advising technology companies on going public‘.
‘The feedback is fast and reliable‘.
‘Dafei Chen has excellent professional knowledge‘.
‘Dafei Chen and Zaiguang Lu stands out for their understanding of the TMT sector, and they are experienced in assisting clients with every stage of their growth‘.
Key clients
J.P. Morgan
Goldman Sachs (Asia)
Credit Suisse Securities (USA)
UBS Securities Hong Kong
BofA Merrill Lynch
Meituan Dianping
Innovent Biologics
iQIYI
Tencent Music Entertainment Group
NIO
AsiaInfo Technologies
Corporate and M&A: PRC firms Tier 2
Leveraging its deep TMT sector focus, Han Kun Law Offices is in a unique position of advising industry leading players on big-ticket cross-border M&A, joint venture and restructuring transactions. The Shanghai team further expanded its corporate offering with the hire of Paula Liu who joined from Kirkland & Ellis International LLP. Recent highlights include advising Rajax Holding on its $9.5bn acquisition by the Chinese e-commerce giant Alibaba; acting for Heineken in forming a strategic partnership between Heineken and China Resources, resulting in China Resources taking over Heineken's seven subsidiaries; and assisted China Literature with its RMB15bn acquisition of New Classics Media Corporation. Chaoying Li , Kelvin Gao, David Tang, Dafei Chen, Aaron Zhou and Yijun Chao are highly recommended.
Other key lawyers:
David Tang; Yijun Chao; Yinshi Cao; Chaoying Li
Key clients
Baidu
Tencent
JD.com
Meituan-Dianping
Heineken
Marriott
Air Products
China Literature Limited
Uber (China) Ltd.
Healthcare and life sciences: PRC firms Tier 2
Han Kun Law Offices excels in representing major funds in their big-ticket investments in China. Recent instructions also feature compliance, competition, IP and financing transactions. Chaoying Li, Yijun Chao Ying Yang and Wei Li handled a steady stream of financing and IPO mandates, Min Zhu advised a Chinese pharmaceutical company in its commercialisation and distribution arrangement and represented a pharmaceutical company in a trade secrets infringement dispute, and Chen Ma and Xiaoming Li acted for a multinational pharmaceutical company in investigating internal corruption-related allegations against the employees of its Chinese subsidiary.
Testimonials
Min Zhu is ‘very hands-on and pays impressive attention to detail‘.
The team is praised for its ‘extensive industry knowledge‘ and its ability of ‘finding practical solutions’.
Key clients
GlaxoSmithKline
Amgen
Pfizer
AbbVie Pharmaceutical
Abbott
Mayo Clinic
ResMed
Novozymes
Vivo Ventures
OrbiMed
Sinopharm Capital
Chiesi Farmaceutici
Innovent Biologics
Sinocelltech
Labour and employment: PRC firms Tier 3
Han Kun Law Offices mainly serves multinational companies, especially in the internet, technology, healthcare and financial services sectors, with comprehensive labour law services. Wei Huang's labour and employment team specialises in labour disputes, negotiations and litigation in the context of employee violations and white-collar crime investigations and compliance issues and related matters. Senior associates Sunny Gao and Xiu Pei who sit in Shanghai and Beijing, respectively are also names to note.
Regulatory/compliance: PRC firms Tier 3
Han Kun Law Offices advises multinational and foreign invested enterprises on a range of regulatory compliance issues including assisting with internal audits and investigations. The team is particularly active in handling anti-bribery, data protection and M&A-related compliance issues in the pharmaceutical industry. The team advised a Chinese subsidiary of a multinational company in an investigation against an employee who was suspected of infringing the client’s trade secrets, and acted for a pharmaceutical company in investigating internal corruption-related allegations against the employees of its Chinese subsidiary. David Tang, Xiaoming Li and Wei Huang are the main contacts, as is Min Zhu who has 'a deep understanding of the medical field and has unique insights into the dynamics and trends in the compliance space'.
Practice head(s):
Xiaoming Li
Other key lawyers:
Testimonials
‘The team is well versed in the compliance requirements of multinational corporations from the perspective of international anti-corruption and bribery regulations, and is proficient in the requirements of Chinese laws and regulations on anti-unfair competition and pharmaceutical industry management regulations, and have the ability to handle major and complicated Chinese government regulatory investigation cases‘.
‘David Tang thoroughly understands the focus, internal logical reasoning, and the enforcement of the Chinese government agencies’, combined with the requirements of international anti-corruption and anti-bribery laws by a multinational company. He gives targeted, practical compliance recommendations or case resolutions‘.
‘Min Zhu has a deep understanding of the medical field and has unique insights into the dynamics and trends in the compliance space‘.
Dispute resolution: PRC firms Tier 4
Han Kun Law Offices's dispute resolution practice represents domestic and international clients in PRC-based and cross-border commercial litigation and arbitration. Xianglin Chen leads on international arbitration; Eric Liu specialises in cross-border and commercial contract-related disputes and intellectual property rights protection; Andy Liao focuses on disputes involving investment and finance.
Other key lawyers:
Eric Liu; Xiaoming Li; Andy Liao; Will Huang; Xianglin Chen; Bonita Chan
Testimonials
‘Efficient and practical service‘.
‘Clear thinking and solid grounding‘.
‘The team has strong professional ability and is good at accurately grasping the breakthrough points of dispute resolution‘.
‘The case handling plan is prominent, the communication is timely, and the case handling process is professional and meticulous‘.
Key clients
Marco Systemanalyse und Entwicklung
Takeda
Emerson
ImbaTV
Alcatel Lucent
Ningbo Taiji Environmental Protection Equipment
Zhonglv Tianjin International Trade Co
GuoXin Shenghua Information Technology
Intellectual property: PRC firms
Han Kun Law Offices advises on full life cycle of a trade mark, from conducting availability search and filing new applications, to challenging or defending in administrative and criminal enforcement matters. The firm has particular experience assisting start-ups and TMT companies with formulating IP strategies and managing their portfolios, including copyright registrations, software registration and enforcement matters. On the contentious side, the department is known for handling patent litigation and IP-related antitrust litigation. The non-contentious practice is co-led by Lili Wu, who joined in 2018 from CCPIT Patent and Trademark Law Office and focuses on providing patent portfolio management and patent enforcement, as well as providing experience in strategically managing patent portfolios for multinational clients; Vivian He, who specialises in handling a range of contentious, non-contentious and transactional IP matters; and Yan Wang, who acts for domestic and international clients and also leads the contentious team.
Han Kun Law Offices > Firm Profile
The firm: Han Kun is a leading full-service law firm in China.
Over the years, Han Kun has been widely recognised as a leader in complex cross-border and domestic transactions.
Our main practice areas include private equity, mergers and acquisitions, international and domestic capital markets, investment funds, assets management, competition law, banking and finance, aviation finance, foreign direct investment, compliance, private client wealth management, intellectual property and dispute resolution.
We have nearly 400 lawyers located in our four offices in Beijing, Shanghai, Shenzhen and Hong Kong.
All our lawyers are graduates of top universities and have extensive experience in complex cross-border transactions as counsel to both Chinese and foreign clients.
Further details on memberships of international associations
Han Kun has joined World Services Group (WSG) to become its exclusive China law firm member. WSG is one of the world’s largest multidisciplinary professional services networks, consisting of leading independent law firms, accounting firms and investment banks. WSG currently has more than 120 member firms from over 135 jurisdictions consisting of over 21,000 professionals.
Han Kun has joined Pacific Rim Advisory Council (PRAC) to become its exclusive China law firm member. The Pacific Rim Advisory Council is an international law firm association established in 1984. The association consists of 30 top-tier independent member law firms with over 12,000 lawyers practicing in key business centers around the world.
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Mergers and Acquisitions | |||
| Capital markets and securities | |||
| Private equity and venture capital | |||
| Financings | |||
| Private funds | |||
| Banking and finance | |||
| Compliance | |||
| Antitrust and competition | |||
| Foreign direct investment | |||
| Corporate restructuring | |||
| Dispute resolution | |||
| Intellectual property |
Lawyer Profiles
| Photo | Name | Position | Profile |
|---|---|---|---|
 |
Mr Xianglin CHEN | View Profile | |
|
Mr Min DUAN | View Profile | |
|
Ms Yanlei HE | View Profile | |
|
Mr Baofu LI | View Profile | |
|
Mr Shijia LI | View Profile | |
|
Mr David LI | View Profile | |
|
Mr Jiaxin LIU | View Profile | |
|
Mr Zaiguang LU | View Profile | |
|
Ms Huaying (Daisy) QI | View Profile | |
|
Ms Qiunan SUN | View Profile | |
|
Ms Xiaowei WEI | View Profile | |
|
Ms Kaiying WU | View Profile | |
|
Ms Lili WU | View Profile | |
|
Ms Gloria XU | View Profile | |
|
Mr Tiecheng YANG | View Profile | |
 |
Mr Yaxing ZHANG | View Profile |
Staff Figures
Number of lawyers : 300+ at this office : 200+Languages
English Japanese Korean GermanMemberships
Pacific Rim Advisory Council World Services GroupClient Testimonials
COMPANY/FIRM: JD.COM, INC.
TESTIMONIAL: We have worked with Han Kun on numerous transactions, including private equity investments and mergers. We are impressed by their professionalism and knowledge of Internet, e-commerce, and M&A-related areas. Their work products are always presented with a high standard of professionalism and quality. They are very responsive to our requests and are capable of adapting to fast moving transactions. They also have a deep understanding of our business, which helps them to provide practical solutions and legal advice. We view Han Kun as one of the first tier PRC firms in areas of private equity transactions and M&A.
COMPANY/FIRM: [Baidu]
TESTIMONIAL: I have been intensively working with Hun Han Kun lawyers for about a year and a half, . and dDuring this period, I found their service highly professional and their responses surprisingly prompt. Also, they can always provide commercially feasible solutions to us, which was has often proved critical in for our speedy deals.
COMPANY/FIRM: Reignwood Group
TESTIMONIAL: The Han Kun team has rich practical experience, and they provide professional and highly effective legal services for Reignwood Group. The team is deeply involved in several of the Group’s businesses, such as aircraft leasing, cross-border investment and financing. Being diligent and responsible, the Han Kun team has contributed strong and reliable legal support to Reignwood Group during its rapid development. In particular, Ms. Wang Shu demonstrates excellent professional skills and plays a key role.
COMPANY/FIRM: China Renaissance Group
TESTIMONIAL: Han Kun is one of the leading law firms in the PE market. The lawyers are responsible and diligent, and we always get quick responses, which is very helpful to for our work, especially for some urgent matters. Han Kun gives us more than what we expect. They not only provide professional legal advice, but also share their expertise and insights with us, which helps us a lot to make commercial decisions. We received the legal updates, like newly published regulations and guiding cases, from Han Kun from time to time and they do play an active role in the market.
COMPANY/FIRM: ORIX Asia Capital Limited
TESTIMONIAL: We have worked with Han Kun over several years in a wide range of situations including legal research on various topics, legal due diligence on finance companies, cross-border restructure deals, and establishing Joint joint ventures with state-owned entities. Han Kun is always an effective and experienced counsel, especially on matters requiring skills of such as designing transaction structures and analyze analyzing complex legal relationships. We rely on Han Kun not only for the professional legal advices, but also for their business sense and ability to work with us for longer-term goals.
COMPANY/FIRM: Baidu
TESTIMONIAL: Han Kun has provided outstanding and professional legal services to Baidu for many years. In various high profile deals that Baidu engages in, Han Kun has always been a creative solution provider, rather than just a legal professional, and has assisted Baidu to navigate through complex legal and business situations. Legal professionals with strong business sense are the symbol of Han Kun attorneys which distinguishes them from other ordinary attorneys. From a clients perspective, it is always preferable to have Han Kun at your side rather than to let them go against you.
Legal Developments
Personal Wealth Planning in the Context of Policy Reform
16th November 2017Authors: Han CHEN, Bing XUE, Qihui TANG
With rapid economic growth in China, wealth planning for high net worth individuals and the demand for establishing family offices have become popular topics in the market. In order to help readers understand the legal issues related to wealth inheritance and planning, we have prepared this article to discuss the reforms in foreign exchange administration and taxation policies that have been undertaken in recent years. This article is part of a series to be written on the topic of wealth management in China.
Overview of the New Regulations for Private Schools
16th November 2017Authors: Yaohua HU, Laixiang LI
On January 18, 2017, the State Council officially promulgated the Several Opinions of the State Council on Encouraging Non-governmental Sectors to Run Schools and Promoting the Healthy Development of Non-governmental Education (Guo Fa [2016] No. 81) (the "Opinions"). On the same day, the Ministry of Education published two regulations regarding private schools on its official website, namely the Notice of the Ministry of Education and other Four Departments on the Issuance of Detailed Rules for the Implementation of Private Schools Classification Registration (Jiao Fa [2016] No. 19) (the “Registration Rules”) and the Notice of the Ministry of Education, the Ministry of Human Resources and Social Security and the State Administration for Industry and Commerce on the Issuance of Detailed Rules for the Implementation of the Supervision and Management of For-Profit Private Schools (Jiao Fa [2016] No. 20) ( the “Management Rules”, which, together with the Opinions and the Registration Rules, are referred to as the “Regulations” ). The Regulations mentioned above are regarded as key rules in the private education industry and supplement the Private Education Promotion Law of the PRC (revised in 2016)1 (the “Promotion Law”), as amended on November 7, 2016. The Regulations will help to promote private school classification administration reforms and facilitate the implementation of related preferential policies. This article will provide a brief overview of the Regulations based upon relevant provisions of the Promotion Law.
New Bike-sharing Rules: The Role of Government, Operators and Users
16th November 2017Authors: Gloria XU, Cheng CHEN, Qianfei WANG
On August 1, 2017, the Guiding Opinions on Encouraging and Regulating the Development of Internet Bicycle Rentals (Jiao Yun Fa [2017] No. 109) (the “Opinions”) was jointly promulgated with State Council approval by ten ministries and departments, including the Ministry of Transport, the Publicity Department of CPC, the Office of the Central Leading Group for Cyberspace Affairs, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the People's Bank of China, the General Administration of Quality Supervision, Inspection and Quarantine and the National Tourism Administration. Before the promulgation of the Opinions, which is the first national departmental rules specially aimed at the Internet bicycle rental (hereinafter referred to as "bike-sharing") industry, road traffic administration or other related departments in Beijing, Shanghai, Tianjin, Shenzhen, Guangzhou, Chengdu, Shijiazhuang and several other cities had successively released normative documents or drafts for comments of such documents related to bike-sharing industry.
Internet News Information Service Industry Reshuffle?
16th November 2017Authors: Sheng LI, Xi YAN
On May 2, 2017, the Cyberspace Administration of China promulgated the Administrative Provisions for Internet News Information Services (“Provisions"), which will come into effect on June 1, 2017 and replace the existing Regulations for the Administration of Internet News Information Services (“Regulations”) which was promulgated in 2005.
Drug Procurement GPOs: Antitrust Law Compliance Matters
16th November 2017Authors: Chen MA, Da SHI, Junfeng CUI
The drug market in China has long been subject to both market competition and administrative control. While the government leaves drug prices to market fundamentals in principle, it also actively intervenes in the case of market failures, which includes adjusting the market structure to regulate drug prices.
CII, Core Cybersecurity Law System Issued
16th November 2017Authors: David TANG, Min ZHU, Jundong GUO, Effy SUN
On July 10, 2017, the Cyberspace Administration of China (“CAC”) promulgated the Regulations on the Security Protection of Critical Information Infrastructure (Draft for Comment) (“Draft Regulations”), which will be open for public comment until August 10, 2017.
The Reach of Shareholder Look-through
16th November 2017Authors: Yaohua HU 丨 Xin DU 丨 Yikai WANG 丨 Yunting YE
The PRC Law on Securities (“Securities Law”) and relevant laws and regulations strictly prohibit the unauthorized issuance of shares to the public (the issuance of shares either to nonspecified persons or to specified persons which results in the issuer having more than 200 shareholders). In practice, the China Securities Regulatory Commission (“CSRC”) is intently focused on whether the number of shareholders exceeds 200 upon applying certain shareholder “look-through” rules. In general, “look-through” means to examine the upstream shareholding structure of companies or the subscription structure of private equity (“PE”) funds or asset management plans to determine the ultimate natural person, listed company or State-owned Assets Supervision and Administration Commission (“SASAC”) investors. The scope of the look-through rules is an important factor that affects the 200 shareholder threshold determination, although this concept continues to be ambiguous. By analyzing the relevant laws, regulations and cases, this article discusses the scope of look-through in determining the number of shareholders in different types of capital market transactions, including IPOs, backdoor listings, asset purchases through share issuances (not constituting a backdoor listing), cash subscriptions for private share placements of A-share listed companies, public issuances of A-share listed companies (share allotments, additional share issuances), NEEQ listings and the private placements of NEEQ listed companies.
Hong Kong’s Recently Passed Ordinance on Third Party Funding and HKIAC’s Consultation
16th November 2017on Proposed Amendments to the 2013 Rules
on Proposed Amendments to the 2013 Rules
In this June, a long-awaited law was passed and enacted by the Hong Kong Legislative Council, clearing the way for third parties to fund arbitration in Hong Kong.
Repossession of Aircraft in China: Legal Issues and Options for Lessors
16th November 2017Authors: Shu WANG, Jun ZHU
While the aviation industry continues to expand quickly in the PRC market, it is still possible that things can go wrong and an individual lessee may default under a lease when it faces tough times due to various reasons. For all lessors, whether they are financial lessors or operating lessors, it is essential to have a good knowledge of their enforcement rights in the worst scenario and the actions that they can do to recover their aircraft when all other remedies have failed.
Shanghai Circulates Incentive Policy 2.0 for Foreign-Invested R&D Centers
8th November 2017Authors: David TANG, Jun LI, Serina WEI
On October 16, 2017, Shanghai Municipal People’s government circulated the Several Opinions on Further Supporting Foreign-Invested Research and Development Centers to Participate in Shanghai’s Construction of a Science and Technology Innovation Center with Global Influence (Hu Fu Fa [2017] No. 79, hereinafter “Opinions”), which can be regarded as a policy 2.0 to promote the establishment and development of foreign-invested research and development centers (“R&D Centers”) following the issuance in 2012 of the Several Opinions of Shanghai Municipality on Encouraging the Establishment of Foreign-Invested Research and Development Centers by the Shanghai Municipal Commission of Commerce, the Science and Technology Commission of Shanghai Municipality and the Shanghai Municipal Development and Reform Commission.
The Unveiling of Cybersecurity Reviews
8th November 2017Authors: David TANG, Min ZHU
On May 2, 2017, the Cyberspace Administration of China (“CAC”) issued a trial version of the Measures for the Security Review of Network Products and Services (Trial) (“Trial Measures”), which are slated to become effective on June 1. The Trial Measures are another supporting document of the Cybersecurity Law that is intended to enact the cybersecurity review requirements of Article 35 of the Cybersecurity Law, following its issuance on November 7, 2016.
Personal Information Protection from the Perspective of Criminal Law
8th November 2017Authors: David TANG, Min ZHU, Will HUANG
On May 9, 2017, the Supreme People’s Court and the Supreme People’s Procuratorate held a press conference to release the Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Involving Infringement of Citizens’ Personal Information (the “Interpretations”), which will be effective from June 1, 2017.
New Trends in Overseas Investment Administration
8th November 2017Authors: Gloria XU, Claire XIAO
On August 4, 2017, the Guiding Opinions on Further Guiding and Regulating the Direction of Overseas Investment (Guo Ban Fa [2017] No. 74) " (the “Guiding Opinions”) was jointly promulgated, with the approval of the State Council, by the National Development and Reform Commission (“NDRC”), the Ministry of Commerce (“MOFCOM”), the People's Bank of China (“PBOC”) and the Ministry of Foreign Affairs (“MFA”). The Guiding Opinions have drawn wide attention by further categorizing overseas direct investments as “encouraged,” “restricted” or “prohibited” based upon the previous “negative list” for overseas direct investment. In this article, we will summarize the main content of the Guiding Opinions by comparing them to the existing principles governing overseas direct investment in light of recent trends related to the supervision of overseas direct investment.
Guidelines on Data Export Security Assessments
8th November 2017David TANG, Min ZHU
On May 27, 2017, the National Standardization Technical Committee for Information Security (“Technical Committee”) promulgated a draft for comment of the Information Security Technology – Guidelines for Data Cross-Border Transfer Security Assessment (Draft) (the “Guidelines”), in order to supplement the personal information and important data export assessment requirements stipulated under Cybersecurity Law, which came into force on June 1, 2017
Comments on the Measures on Security Assessments for Personal Information
8th November 2017and Important Data to be Transmitted Abroad (for Public Comment)
David TANG, Min ZHU
On April 11, 2017, the Cyberspace Administration of China (“CAC”) issued the Measures on Security Assessments for Personal Information and Important Data to be Transmitted Abroad (for Public Comment) (“Measures”), seeking public comment. The Measures will act to support the Cybersecurity Law of the People’s Republic of China (“Cybersecurity Law”) which comes into effect on June 1, 2017. As one of the important supporting documents to the Cybersecurity Law, the Measures are intended to specifically implement the personal information and important data export security assessment requirements found in Article 37. Although the current Measures are only a draft for comment, much regulatory focus has been placed on the cross-border transfer of data.
Brief Comment on the General Provisions of the Civil Law
8th November 2017Author: Han CHEN
As a prelude to the civil code of the People's Republic of China, the General Provisions of the Civil Law of the People's Republic of China (the “General Provisions”) was adopted with votes at the Fifth Session of the 12th National People's Congress on March 15, 2017 and will enter into force on October 1, 2017. This marks an important first step of China on its path to compiling a civil code.
Hong Kong New Board – To Embrace the New Economy
8th November 2017Authors: Han Kun Hong Kong Associate Law Firm Yurong YE, Felix MIAO, Fredric HUANG
Recently, the Stock Exchange of Hong Kong Limited (“SEHK”) has published the New Board Concept Paper for the purpose of seeking market feedback on SEHK’s proposed establishment of a New Board. This newsletter is a brief introduction to the New Board Concept Paper.
PRC Court for the first time Recognizes and Enforces a Commercial U.S. Court Judgment
8th November 2017Authors: Andy LIAO, Alan LIN
On June 30, 2017, the Wuhan Intermediate People's Court ("Wuhan Court") issued a verdict (the "Case") ordering the recognition and enforcement of a commercial judgment rendered by the Los Angeles County Superior Court, California, USA (“LA Court”). This marks the first time for a PRC court to recognize and enforce a commercial judgment from a U.S. court, which is of landmark significance and is thus noteworthy for all law practitioners and interested parties
Foreign Direct Investment Law
8th November 2017Shanghai further optimizeslocal policies to promote the establishment of regional headquarters of multinational corporations.
David TANG | Jun LI | Serina WEI
Shanghai, as the leader of further opening up and attracting foreign investment in China, has recently promulgated the revised Regulations of Shanghai Municipality on Encouraging Multinational Corporations to Establish Regional Headquarters ("2017 Regulations") on February 14 2017, which further optimizes the investment, economic development and governmental service environments, in order to spur multinational corporations ("MNC") to consider Shanghai as their first choice for establishing regional headquarters.
AMAC Issued New Guidance on Private Fund Service Business
8th November 2017Authors: James Yong WANG, Shawn Xiao DING
On March 1, 2017, Asset Management Association of China (the “AMAC”) promulgated the Administrative Measures for Private Investment Fund Service Business (Trial) (the “Administrative Measures”) which became effective on the same day. The Administrative Measures superseded the Guidelines on Fund Outsourcing Services (Trial) issued in February 2015 (the “2015 Guidelines”) and became the new guidelines for institutions that desire to provide various professional services for private fund within China.
Legal Briefings
-
China effectively strengthens fight against malicious trade marks
A focus for Chinese trademark law and practice in recent years has been strengthening the fight against malicious trademarks. On 1 November 2019, the amended Trademark Law of the People’s Republic of China (the Trademark Law) was officially implemented, in which Article 4 primarily embodies China’s determination to strengthen the fight against malicious trademarks and …