Full Text Translations

Circular on Continuing Implementation of the Tax Policy for the Procurement of Equipment by Research and Development Institutions
关于继续执行研发机构采购设备税收政策的通知
Tax policy continued to encourage foreign-invested R&D institutions.

Measures for the Administration of the Capital Guarantee Funds of Insurance Companies
保险公司资本保证金管理办法
The Measures require insurance companies to deposit capital guarantee funds in more than one bank.

PRC Tentative Regulations on Resource Tax (Revised)
中华人民共和国资源税暂行条例 (修订)
The revised Regulations use ad valorem method for calculation of resource tax for crude oil and natural gas.

Provisions for the Classification of Types of Enterprise Registration (Revised)
关于划分企业登记注册类型的规定 (修订)
The Provisions revise the classification of enterprise registration to incorporate foreign partnerships.

Tentative Measures for the Administration of Overseas State-owned Assets and Equity of Enterprises Directly under the Central Government
中央企业境外国有产权管理暂行办法
Overseas state-owned assets and equity shall be held by an enterprise directly under the central government or a subsidiary thereof.

Measures for the Administration of the Registration of Debt-for-equity Swaps of Companies
公司债权转股权登记管理办法
A debt-for-equity swap shall be subject to a capital verification by a lawfully-established capital verification institution.

Implementing Rules for the PRC Tentative Regulations on Value-added Tax (2nd Revision)
中华人民共和国增值税暂行条例实施细则 (第二次修正)
The revised Rules raise the thresholds for the levy of value-added tax.

Implementing Rules for the PRC Tentative Regulations on Business Tax (2nd Revision)
中华人民共和国营业税暂行条例实施细则 (第二次修正)
The revised Rules raise the thresholds for the levy of business tax.

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Features & Analysis

From China to Wall Street and back
After this summer’s backlash against Chinese companies listed in the US, many are considering going private to avoid further negative publicity, decreased valuations and the increased risk of litigation

Open gate for cross-border Rmb FDI flows
More new rules have been published that clarify the cross-border flow of Renminbi and they signal that China has formally opened the channel for cross-border and nation-wide Renminbi foreign direct investment

IP reshapes e-commerce strategies
New developments in e-commerce regulation bring the issue of intellectual property infringement and the liability of e-commerce operators to light. A landmark case in China removed the defence of the “Safe Harbor Principle” for the first time, and should serve as an admonition to online platforms

Protecting the consumer
China’s consumer code is due for an update. A number of innovations to the current law are being discussed for an upcoming draft, including the right of revocation, data protection and class actions

Prior art defence in patent litigation: A legal quagmire?
The prior art defence strategy has become increasingly important and popular for alleged infringers in patent cases. However, its framework suffers from uncertainty and some technical defects

Laying down the bankruptcy law
The implementation of China’s bankruptcy law has been mired by the inconsistent standards and interpretations of various courts. A new set of measures offers more guidance and clarity, especially in pinpointing bankruptcy causes and who assumes the burden of proof

China question: How do I initiate litigation for a breach of contract?
Two dispute resolution specialists offer their insights on how to handle bringing a Chinese manufacturer to court and how to avoid a similar situation in the future.

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Business Law Bulletins

Insights into criminal convictions for mark counterfeiting

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