China Law & Practice

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Go green, go west, go high-tech

A series of new policies recently released to attract foreign investment demonstrates China’s aim to diversify foreign direct investment, channel money into the central and western regions, and encourage environmentally-friendly and high-tech industries to set up onshore. However, the rules are fairly general and more legislation will be needed for proper implementation

Full Text Translations

Circular on Issues Relevant to Delegation of the Examination and Approval Authority over Foreign Investments to Lower Levels
关于下放外商投资审批权限有关问题的通知
Mofcom delegates approval power over foreign-invested holding companies and venture capital companies to lower-level authorities.

Measures for the Administration of the Equity of Insurance Companies
保险公司股权管理办法
The CIRC may release a major shareholder from the restriction on shareholding percentage if it satisfies certain provisions.

Tentative Measures for the Graded Regulation of Establishments of Insurance Companies
保险公司分支机构分类监管暂行办法
The Measures classify establishments of insurance companies into four grades based on the companies’ risk positions and impose regulatory measures accordingly.

Measures for the Administration of the Information Disclosure of Insurance Companies
保险公司信息披露管理办法
The Measures specify the information that an insurance company is required to disclose as well as the method and time of disclosure.

Provisions for the Regulation of Food Additive Production
食品添加剂生产监督管理规定
The Provisions set forth the application procedure for a food additive production permit, require the keeping of production management records and specify the particulars to be listed on the label and instructions for use.

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Features & Analysis

Taxing Rmb funds with foreign-invested limited partnerships
With new measures allowing overseas private equity players to adopt a new structure for its Rmb funds, authorities have yet to concretely define certain terms of a partnership in order to set a conclusive tax rate

The Anti-monopoly Law’s next stage
China’s antitrust regulators recently released new draft regulations that address, among other key clarifications, the enforcement of prohibitions in the anti-monopoly law. However, one notable area the draft omits is how the competition rules will treat intellectual property

A stricter, but more equal game for insurance investment
New measures tighten the administration of investment into the insurance sector, but now foreign participants can expect equal treatment with domestics on shareholding ratio requirements. And for the first time, the new rules address horizontal competition

PRC environmental regulations
China has been making a very conspicuous push towards implementing greener policies that will affect manufacturing industries. Here, three specialists provide insight and advice into what regulations to pay particular attention to, and how foreign companies can remain compliant and possibly beneft from these new environmentally-friendly policies.

China in-house interview: Embracing the long arm of the law
Beijing-based Bin Zhou, vice president and general counsel at Sony China, speaks with CLP about his company’s experiences with the anti-monopoly law (AML)

Taiwan attracts more investors with signing of the ECFA
A milestone agreement between Taiwan and mainland China will buoy Taiwan exports as customs duties are wiped out for over 500 products and services covered in a special “early harvest” list. But more than just saving on tariffs, the pact offers a greater profile for Taiwan as a launch pad for investors wishing to enter the Chinese market

Preparing for a Taiwan debut
Taiwan is increasingly becoming an attractive destination for technology companies to conduct their initial public offerings and list their securities, so interested issuers should familiarise themselves with the listing process and related legal matters

Finally crossing the bridge
Taiwan banks have entered a new era with the amended cross-strait banking rules allowing them to set up branches in China and directly make equity investments in Chinese banks. Future prospects appear even brighter since the signing of the ECFA, as further relaxations of cross-strait restriction are expected by the Taiwanese banking community

Keeping track of the new Personal Data Protection Act
Companies in Taiwan are advised to re-visit their personal data collection policies to ensure compliance with the new Personal Data Protection Act. The new law is very detailed and provides a boost to the protection of privacy and personality rights

A momentous year: recent legislative developments in Taiwan
A brief look at regulations that shaped Taiwan's investment landscape over the past year

Editor's letter: Clear objectives

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Legislation Digest

Ministry of Housing and Urban-rural Development, People’s Bank of China and China Banking Regulatory Commission, Circular on Specifying the Criteria for Defining the Second Unit of Residential Premises for Commercial Personal Residential Mortgage Loan Purposes
住房和城乡建设部 、中国人民银行 、中国银行业监督管理委员会关于规范商业性个人住房贷款中第二套住房认定标准的通知
Stringent definition of the second unit of residential premises.

State Administration for Industry and Commerce, Tentative Measures for the Administration of Online Commodity Transactions and Related Services
国家工商行政管理总局网络商品交易及有关服务行为管理暂行办法
Online shop owners required to provide real names.

People’s Bank of China, Measures for the Administration of Payment Services of Non-financial Institutions
中国人民银行非金融机构支付服务管理办法
PBOC puts online payment services under scrutiny.

Supreme People’s Court, Circular on Several Issues Concerning the Application of the «PRC Tort Liability Law»
最高人民法院关于适用《中华人民共和国侵权责任法》若干问题的通知
Applicability of the Tort Liability Law clarified.

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China Law & Practice Events

The 7th Annual Asia-Pacific IP Forum
01 & 02 September 2010
Location: Hong Kong

IFLR Asia Private Equity Forum
10 September 2010
Location: Hong Kong

China Law & Practice Awards 2010
16 September 2010
Location: Beijing

China Outbound Investment Summit 2010
16 September 2010
Location: Beijing