ArticleNo More ExceptionsAs the Chinese government gets tough on cleaning up the environment, multinationals face more stringent scrutinyChinaEnvironmentEversheds Sutherland
ArticleSAIC-Proposed Debt/Equity Swap Registration Measures - A New Way For Foreign Creditors To Acquire Equities In PRC CompaniesOn 18 August 2011, the PRC State Administration for Industry and Commerce (SAIC) released a draft (for public consultation) of the Administrative Measures on Registration of Debt for Equity Swaps (the Draft Measures). ChinaFinance and BankingMayer Brown
ArticleThe Qualified Foreign Institutional Investors In ChinaAs at the end of August 2008, there were 65 “Qualified Foreign Institutional Investors” (“QFII”) approved in China. ChinaGovernment, Public SectorAngela Wang & Co.,
ArticleNew PRC Enterprise Income Tax LawSince the early 1990s, China has maintained a dual income tax system for foreign invested enterprises ("FIEs") and domestic enterprises. Preferential tax treatment like lower tax rates, tax deductions and tax holidays offered to FIEs was designed to attract foreign investments to China.ChinaTaxAngela Wang & Co.,
Article2026 InnoMatch技術移転大会が上海で開幕上海で開催された「2026 InnoMatch技術移転大会」は、1万件を超える技術需要と200億元の投資資金を集め、企業のイノベーション需要と優れた科学技術成ੜChinaTechnologyKangxin
ArticleRelocating Employees to ChinaWith increasing foreign investments and mergers and acquisitions activities in China over the last few years, employees’ relocation has become a very important issue for foreign companies entering or expanding their business in China.ChinaEmployment and HRAngela Wang & Co.,
ArticleNew Measures to Facilitate Foreign Investment in Funds and Fund Managers Registered in ShanghaiAfter a long wait since foreign investment in partnerships formed under PRC law was first permitted on 1 March 2010, the authorities in Shanghai jointly published Implementing Measures for a Pilot Program in respect of Foreign Invested Private Equity Investment Enterprises (the "Measures") on 11 January 2011. ChinaFinance and BankingMayer Brown
ArticleChinese outbound investment – the growing sophistication of China’s "Go Global" policyDespite recent media speculation of a slowdown in China, Chinese outbound foreign direct investment continues to grow.ChinaStrategyCorrs Chambers Westgarth
ArticleNew Rules On Nominee Shareholding Arrangements To Impact Foreign InvestorsIn a typical case of nominee shareholder arrangements, in 2001, a foreigner provided capital for an investment in the name of a Chinese individual, but on behalf of the foreigner. The final purpose of this specific investment was to acquire a second domestic company in an industry restricted to foreign investment. When in 2009 the parties came into conflict on the company’s operations, the foreigner filed two litigations in court to confirm his rights as a shareholder of the first company, and fChinaStrategyR&P China Lawyers
ArticleMOFCOM Streamlines Regulatory Approvals For Outbound InvestmentsThe Ministry of Commerce (“MOFCOM”) of the People’s Republic of China (“PRC” or “China”) promulgated the Rules for the Administration of Outbound Investments ( the “New Outbound Rules”)on March 16, 2009. ChinaStrategyMorrison Foerster
ArticleOverview of the New PRC Company LawThe new Company Law of the People’s Republic of China ("New Law"), which was adopted by the Standing Committee of the National People’s Congress on October 27, 2005, came into force on January 1, 2006. ChinaStrategyJones Day
ArticlePRC Regulator Update - MiningOn January 20, 2006, the Ministry of Land and Resources of the PRC ("MOLAR") issued the Notice of Further Regulating the Administration of the Grant of Mineral Rights, Guo Tu Zi Fa [2006] No. 12 ("Notice") to standardize procedures for the grant of exploration and mining rights. ChinaEnergy and Natural ResourcesMorrison Foerster
ArticleChina Finalises New Court Guidelines On Disputes Involving Foreign InvestmentChina has issued, in final form, new regulations on cases involving foreign enterprises. This follows the release of draft rules which Mallesons noted in a client alert in November 2009. The new rules, called "Regulations on Issues in Adjudicating Cases Involving Foreign Invested Enterprise Disputes" could have a wide impact on the drafting of joint venture contracts and foreign investment in general, however their scope might be limited by the widespread use of arbitration clausesChinaStrategyKing & Wood Mallesons
ArticleLegal Update - Red Chips Return To China´s Capital MarketIn a move to increase share supply to help deflate the Shanghai and Shenzhen stock-exchange bubble, China's securities regulator, CSRC, has finalised provisional rules for Hong Kong-listed red chip enterprises to return home and list on the A-share market. ChinaFinance and BankingMinter Ellison
ArticleNew Measures for the Administration of PRC Venture CapitalThe Provisional Measures for the Administration of Venture Capital Enterprises (the "Provisional Measures") were jointly promulgated by 10 Mainland Chinese agencies on 15 November 2005 and will take effect from 1 March 2006.ChinaFinance and BankingAngela Wang & Co.,
ArticleMainlanders use ‘free money’ from Hong Kong banks to earn higher returns at homeMainland Chinese in Hong Kong take cheap personal loans to invest in profitable financial products on the mainland.ChinaStrategyDacheng Law Offices
ArticleFundamental Changes of the 2006 PRC Securities LawThe recent amendments to the PRC Securities Law issued on 27 October 2005 and effective on 1 January 2006, revise a stunning 40% of the original provisions and involves amendments to more than 100 articles. ChinaFinance and BankingAngela Wang & Co.,
ArticleChina Encourages Outbound InvestmentsOn July 13, 2009, the State Administration of Foreign Exchange ("SAFE") issued new rules to regulate the administration of foreign exchange with respect to overseas investments by Chinese entities. ChinaGovernment, Public SectorJones Day
Article2006 Rules Change Landscape For M&A, Offshore Listings, And Restructurings In The PRCOn August 8, 2006, six PRC ministries jointly promulgated a set of far-reaching rules that have changed the landscape for foreign mergers and acquisitions, offshore listings of Chinese companies, and the restructurings of PRC companies, which commonly precede foreign investment of venture capital and private equity. The Rules became effective as of September 8, 2006.ChinaFinance and BankingThelen LLP
ArticleCSRC Notice On Offshore Listings For Chinese Companies Leaves Questions UnansweredLast month, the China Securities Regulatory Commission (CSRC) issued a notice listing the documents that must be submitted when CSRC approval is required in connection with an offshore listing or going-public transaction involving a Chinese operating company.ChinaCorporate/Commercial LawThelen LLP