China Law & Practice

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How to prepare for raids in China and Hong Kong

Companies faced with corruption investigations by PRC and Hong Kong authorities must understand how the agencies work and prepare and respond effectively in order to minimize disruption, liability and other costly risks

In the news: Bristol-Myers pays $14 million FCPA fine, Xiaomi gets investigated for advertising violations, Unisplendor acquires Western Digital stake

This week US drugmaker Bristol-Myers Squibb paid the SEC to settle China bribery charges, Xiaomi faced accusations of violating the new Advertising Law and Tsinghua Unigroup paid $3.8 billion for Western Digital shares

Legislation roundup: Transfer pricing, projects and real estate FDI

The SAT's new draft reflects its alignment with the BEPS Action Plan, the State Council has lowered minimum capital requirements for infrastructure projects and market access for foreign investors in real estate has been increased

Opinion: Are foreign hospitals really encouraged?

The Circular issued to promote private medical institutions still needs clarity on regulatory procedures and whether WFOE hospitals can really be set up. Foreign investors must pay particular attention to developments at the local level, says Nicolas Zhu

Full Text Translations

Circular on Matters Relevant to the Establishment of Insurance Private Equity Funds

Insurance capital allowed to establish private equity funds.

Measures for the Administration of the Examination and Approval of Wholly Foreign-owned Shipping Companies (Revised)
外商独资船务公司审批管理办法 (修正)

Shipping WFOEs will be approved by local commerce departments.

Circular on Issues Relevant to the Policy of Graduated Individual Income Tax on Dividends and Extra Dividends from Listed Companies

Individual income tax policy revised to encourage long-term stock investment.

Circular on Matters Relevant to Investment in the Interbank Market in Renminbi by Foreign Central Banks, International Financial Organisations and Sovereign Wealth Funds

Interbank market further opened to foreign institutional investors

Official Reply on Issues for Which Instructions Have Been Requested by the Shanghai Municipal Higher People’s Court, etc. on Cases Involving the Judicial Review of Arbitration Awards Rendered by Arbitration Institutions such as the China International Economic and Trade Arbitration Commission and its Former Sub-commissions

SPC clarifies jurisdiction over CIETAC arbitration cases.

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Law Digests

Ministry of Transport, Measures for the Administration of Construction Management for Road Construction Projects

Criteria for road construction management appointment specified.

People’s Bank of China, Circular on Strengthening the Macro Prudential Administration of Forward Exchange Sales

Risk reserve contributions required for forward exchange sales.

PRC Law on Commercial Banks (Revised)
中华人民共和国商业银行法 (修正)

Loan-to-deposit ratio relaxed.

Ministry of Housing and Urban-rural Development, Ministry of Finance and People’s Bank of China, Circular on Revising the Percentage of the Minimum Down Payment When Purchasing Residential Premises with a Personal Housing Loan from the Housing Reserve

Housing reserve loan restrictions relaxed.

State Intellectual Property Office, Measures for Administrative Law Enforcement in Connection with Patents (Revised)
国家知识产权局专利行政执法办法 (修正)

SIPO strengthens IP protection in exhibitions.