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
Capital markets: PRC firms Tier 1
Han Kun Law Offices has an increasingly strong reputation for debt and equity capital markets transactions, with an impressive client roster of Chinese issuers and international underwriters, including Goldman Sachs, Credit Suisse and JP Morgan. The team has vast experience in IPOs and follow-on debt and equity offerings on overseas capital markets. Charles Li is a veteran of public and private financing, as well as M&A of public companies. The group is under the leadership of Dafei Chen (an expert in US securities and exchange commission-registered offerings), Jason Wang, Hong Kong public offerings expert Tao Li and Bing Xue, who is regularly instructed on high-profile IPOs.Other key lawyers:
Testimonials
‘Responsible and proactive.’
‘Charles Li is very professional and highly involved in the project.’
Key clients
J.P. Morgan
Goldman Sachs (Asia) LLC
Credit Suisse Securities (USA) LLC
UBS Securities Hong Kong
BofA Merrill Lynch
Meituan Dianping
Innovent Biologics
iQIYI
Tencent Music Entertainment Group
NIO
AsiaInfo Technologies
21Vianet Group
Jiumaojiu International Holdings
Yunji
9F
Corporate and M&A: PRC firms Tier 1
Han Kun Law Offices has a growing reputation for advising multinationals and Chinese corporates and SOEs on domestic, out- and inbound M&A transactions. The firm is most known for its TMT sector expertise; Charles Li and Tracy Zhou recently advised JD.com on its $500m investment in Aihuishou and its subsequent strategic cooperation agreement. Exemplifying the firm's depth of expertise, David Tang is often instructed on corporate compliance and regulatory matters arising from corporate transactions. All handling cross-border M&A, inbound investment and funds are Aaron Zhou, Zaiguang Lu, Cheng Chen and Yipu Li.
Other key lawyers:
Testimonials
‘Special experience in investment and financing legal advisory services for TMT industry investment mergers and start-ups, the team is very professional and pragmatic.’
‘Dafei Chen, a partner lawyer, is deeply involved in the investment, financing and mergers and acquisitions legal consulting services of the TMT industry and start-ups. He understands business logic, can focus on key points, analyses legal risks and solutions from the perspective of customers, and puts forward practical suggestions. He is the go-to lawyer of our company in domestic investment and M&A transactions.‘
Key clients
Heineken
Tencent
Marriott
Baidu
JD.COM
Enerpac Tool Group
Vipshop Holdings Limited
Kraft Heinz
American Express Global Business Travel
Air Products
Data protection: PRC firms Tier 1
The team at Han Kun Law Offices is praised by clients for its 'extensive experience in cross-border data compliance' and the ability to 'follow up on domestic and foreign regulatory developments'. The group advises clients on internal control policies, data collection, cross-border transfer, and notably, on overseas compliance in relation to GDPR, CCPA, and BIBA regulations. As well as standalone advisory work, lawyers are often instructed on corporate transactions, as well as in data-related disputes. Practice co-head Min Zhu is singled out for his 'solid professionalism' and regularly advises multinationals and domestic corporates on compliance projects. The other practice heads are government investigations expert David Tang and intellectual property specialists Yan Wang and Zhichao Duan.Testimonials
‘Extensive experience in cross-border data compliance and overseas map data compliance.’
‘Familiar with regulatory trends and industry trends. They think about problems from the perspective of law, but also find commercial solutions for clients from a legal perspective.’
‘The team has the resources to cooperate with foreign firms.’
‘Min Zhu has a solid professionalism and can quickly digest the content of various new issues and new areas and return it to the most fundamental legal relationship.’
‘The team has grown rapidly and can follow up on domestic and foreign regulatory developments and industry trends in a timely manner.‘
Fintech: PRC firms Tier 1
Han Kun Law Offices has a strong presence in fintech and advises clients on a range of matters including compliance, designing of products, third-party payments, blockchain and cryptocurrency. The firm acts for many leading names in the sector such as Tencent Financial Technology, Webank, and Ai Bank. Practice head Jun Wan specialises in blockchain, securitization and asset management transactions, general banking and finance. Other key individuals on the team include Shu Wang, Jun ZHU, Tiecheng YANG.Other key lawyers:
Key clients
Tencent Financial Technology
Airwallex
Xiaomi Supply Chain Finance / Xiaomi Commercial Factoring
Duxiaoman Financials
AI Bank
WeBank
JDD
Sougou
Yirendai
9Fbank
Meituan-Dianping
Lianjia
WeCash
Yixin
Sui Group
Welab
Lexin
Xiaoying
Investment funds: PRC firms Tier 1
Han Kun Law Offices has a sizeable investment funds practice and possesses a strong client offering, advising on both RMB funds and offshore funds matters. The practice has a wide breadth of expertise in venture capital funds and has also been involved in a significant number of private equity funds. Key clients include CITIC PE, CICC Capital, and Tencent. The main focus is on fund formation, however, the team also advises domestic and international institutional investors on regulatory, tax, and business structure matters. Practice head Daisy Qi specialises in fund formation and operation and handles funds such as hedge funds and venture capital funds. Lu Ran and Lin ZHOU are also noted.Key clients
CICC Capital
China Broadband Capital / CBC
CITIC PE
Goldstone Investment
Matrix
IDG Capital
China Renaissance Capital
CDH
Banyan Capital
XVC
CEC Capital
Summitview Capital
Xiang He Capital
Baidu Capital
Taikang
Tencent
TSFOF
China Life Investment
Everbright FOF
Private equity: PRC firms Tier 1
Compared by one client to 'a special army unit, with quick feedback, rich experience, good temper', the team at Han Kun Law Offices has experience in the gamut of private equity and venture capital transactions. The group is instructed on PRC and non-PRC structures, denominated in RMB as well as USDs. In a significant transaction for 2019, team-members including practice co-head Chaoying Li advised Tencent on its investment into T3 Mobility through the T3 Fund. Another practice head Yijun Chao assisted China Structural Reform Fund on its RMB5.5bn investment and participation in CIRIC Dicastal's mixed-ownership programme. David LI and Kelvin Gao also head up the department, which includes up-and-coming private equity expert Sheng Li.Other key lawyers:
Testimonials
‘Professional, service-spirited, highly efficient and richly experienced.’
‘Han Kun is very professional in the field of private equity and venture capital, and its grasp of legal terms and the pace of project execution make customers feel at ease.’
‘The speed of feedback is amazing; when communicating on behalf of the client and the counterparty, they can be polite and courteous, explain and communicate terms from multiple angles, and resolve the differences between the two parties.’
‘When conducting due diligence on behalf of customers, they can not only analyse legal provisions, but also provide plain advice to customers based on policy development and industry experience. Their services are very valuable.’
‘They are like a special army unit, with quick feedback, rich experience, good temper, each has their own advantages, and they cooperate well with each other. Will actively follow up the project and care more about the progress of the project than the client.’
Key clients
KPCB
Sequoia
DCM
IDG
BRV
SAIF (赛富)
Matrix Partners
Lilly Asia Ventures
Legend Capital
Baidu
Tencent
TMT: PRC firms Tier 1
Han Kun Law Offices has an impressive TMT sector clientbase that includes Chinese technology giants Tencent, Baidu and JD.com, as well as multinationals including Ericsson. The group is often called upon to advise on corporate transactions (including high-value private equity deals), compliance and litigation matters. Jointly leading the team are Charles Li, Yijun Chao, David Li and Kevin Gao.Other key lawyers:
Key clients
Tencent
Baidu
JD.com
Meituan-Dianping
Ericsson
Naver
Lenovo
21Vianet
NIO
Vipshop
Tencent Music
Taihe Music
AsiaInfo
Verizon
Antitrust and competition: PRC firms Tier 2
The group at Han Kun Law Offices excels in handling multinational merger filings, but it is also regularly instructed on Chinese competition agency investigations, antitrust litigation and competition compliance issues. A demonstration of the firm's reputation among international clients, practice head Chen Ma acted as sole PRC antitrust counsel to Softbank and WeWork in relation to their global merger. Yan Wang, who leads the IP and litigation departments, is noted for IP antitrust issues, while Tracy Zhou specialises in competition issues arising from public and private financing, M&A and foreign direct investment.Other key lawyers:
Testimonials
‘The Han Kun practice is unique because Chen and his team are fantastic lawyers who have deep expertise in antitrust and competition law combined with an in-depth familiarity with the PRC regulators and a very client-friendly, pragmatic and clearly-communicated approach to quickly and efficiently obtaining approvals for complex M&A transactions.’
‘Chen Ma is a leading, well-respected lawyer in PRC antitrust and competition law. He is uniquely strong in working with U.S. and European clients on complex M&A transactions.‘
Key clients
Bayer
Aptiv
Baidu
Heineken
JD.com
Schindler
Heineken
Louis Dreyfus
Softbank
Homelink
Banking and finance: PRC firms Tier 2
Han Kun Law Offices' team has carved out a real niche in the area of aviation financing, advising Chinese and foreign lessors, and domestic and international banks on leasing and financing of commercial aircraft and business jets to Chinese airlines. The group also advises on structured finance and asset-backed securitisation. The department is headed by Shu Wang and includes Xiaoming LI, whose expertise extends to project financing, particularly in relation to the infrastructure and energy sectors. Tiecheng Yang is the contact for structured finance issues.Other key lawyers:
Testimonials
‘The Han Kun Law Firm’s team is very professional in the field of aircraft financing, has high work efficiency, can respond to customer needs in a timely manner, and is very dedicated.‘
‘Compared with competitors, the lawyers of Han Kun Law Firm are more efficient and can communicate with clients in a timely manner, which is worth recommending.’
‘The team has a rigorous and responsible work attitude, high work efficiency, can actively respond to customer needs, and better safeguard customers’ interests in specific transactions.’
‘The advantages of Han Kun Law Firm’s team are: detailed and professional review of the contract text, high work efficiency, very timely feedback, relaxation in the negotiation, and the ability to propose effective solutions to various problems arising in the negotiation to promote the conclusion of the transaction.’
‘Strong professional knowledge, rigorous attitude, serious and responsible for everything regardless of size. The team is stable.’
Key clients
GECAS
ALC
ACG
Aercap
BOC Aviation
ICBC Financial Leasing
CCB Financial Leasing
ABC Financial Leasing
China Eximbank
Kunlun Financial Leasing
Macquarie AirFinance
UTF
China Southern Airlines
China Eastern Airlines
Air China
Shenzhen Airlines
Aircraft Recycle International
ALAFCO
SMBC
Carlyle Aviation Partners
Healthcare and life sciences: PRC firms Tier 2
Han Kun Law Offices offers clients vast expertise on investments in the healthcare and life sciences sectors and advises a range of private equity and venture capital funds. The practice also advises on healthcare-related matters concerning compliance and regulation, competition law, IP, and litigation. The team has experience representing clients before public bodies including the Ministry of Commerce concerning anti-trust and competition matters. Chaoying Li focuses on public and private financings, and M&A. Min Zhu handles the regulatory and compliance issues.Key clients
Bayer
GSK
Amgen
Pfizer
AbbVie Pharmaceutical
Abbott
Mayo Clinic
Novozymes
Vivo Ventures
OrbiMed
China Medical System (CMS) (HKEx 00867)
SinoPharm Capital
Chiesi
Innovent Biologics, Inc.
Sinocelltech Inc
Labour and employment: PRC firms Tier 3
Han Kun Law Offices acts for a range of multinational companies and specialises in labour arbitration and litigation cases. The firm acts for key clients in the healthcare and pharmaceutical sectors, as well as the internet and asset management space. Practice head Wei Huang has a strong background in employment disputes, particularly in areas including employment termination and non-competition matters.Regulatory/compliance: PRC firms Tier 3
Han Kun Law Offices has a range of experience in enhancing regulatory compliance and assisting clients with internal audits and investigations. The firm's client base includes multinationals and foreign-invested enterprises. The firm has represented multinationals' PRC subsidiaries in PRC anti-bribery and deals with FCPA, and UK bribery investigations. The practice has a particular focus on assisting healthcare and pharmaceutical clients with regulatory matters such as procurement and anti-bribery. Beijing-based Chen Ma and David Tang in Shanghai co-head the practice.Other key lawyers:
Dispute resolution: Litigation: PRC firms Tier 4
Han Kun Law Offices' practitioners focus on domestic and cross-border commercial litigation, representing a variety of PRC and foreign clients. The group has expertise in contractual and IP protection issues, as well as investment and financial litigation. Key names are Denning Jin, Eric Liu and Andy Liao.Other key lawyers:
Testimonials
‘Excellent team of dispute resolution lawyers.’
‘The overall quality of Han Kun’s team is much better than that of ordinary law firms. With meticulous work, timely feedback, strong professionalism, and broad-mindedness, they are lawyers who can proceed from the perspective of problem solving.’
‘In any case, they can always find a breakthrough and outlet for their customers, and the effect is very obvious. Timely, efficient, and fruitful feedback, hard-working spirit, and almost 24-hour online support are another characteristic that distinguishes Han Kun from other law firms.‘
Key clients
Tianfeng Securities
Marco Systemanalyse und Entwicklung
Takeda
Emerson
Steamboat Ventures Asia
Shanghai Heyi Kewen Investment Partnership
Ningbo Taiji Environmental Protection Equipment
YingLi Energy (China) Company
GuoXin Shenghua Information Technology
China Equity Group
Intellectual property: PRC firms
Han Kun Law Offices is known for being able to handle complex intellectual property and antitrust issues, as well as advising on patent and trade mark portfolios. The firm has three office locations in Beijing, Shanghai, and Shenzhen. Key sectors of expertise include telecommunications, computer science, electronics, software, and chemistry. Lili Wu has a strong background in patent portfolio management and patent enforcement. Shenzhen-based Vivian He handles a wide range of contentious and non-contentious issues. Yan Wang is also noted and heads the contentious team.Key clients
Samsung
HP Inc.
Supreme
Sandvik
Kraft Heinz
Viking
Z-space
Dymind
Ninebot
Pierre Fabre
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 | Partner | View Profile |
![]() |
Mr Min DUAN | Partner | View Profile |
![]() |
Ms Yanlei HE | Partner | View Profile |
![]() |
Mr Baofu LI | Partner | View Profile |
![]() |
Mr Shijia LI | Partner | View Profile |
![]() |
Mr David LI | Partner | View Profile |
![]() |
Mr Jiaxin LIU | Partner | View Profile |
![]() |
Mr Zaiguang LU | Partner | View Profile |
![]() |
Ms Huaying (Daisy) QI | Partner | View Profile |
![]() |
Ms Qiunan SUN | Partner | View Profile |
![]() |
Ms Xiaowei WEI | Partner | View Profile |
![]() |
Ms Kaiying WU | Partner | View Profile |
![]() |
Ms Lili WU | Partner | View Profile |
![]() |
Ms Gloria XU | Partner | View Profile |
![]() |
Mr Tiecheng YANG | Partner | View Profile |
![]() |
Mr Yaxing ZHANG | Dispute resolution | 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 …
Top Tier Firm Rankings
- Capital markets: PRC firms
- Corporate and M&A: PRC firms
- Data protection: PRC firms
- Fintech: PRC firms
- Investment funds: PRC firms
- Private equity: PRC firms
- TMT: PRC firms