China Law & Practice

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China’s trademark squatting problem goes global

Chinese media reported the case between Qiaqia and OKAI as a victory of a domestic company over a foreign rival trying to block its entry into a new market. In fact, the case reveals how Chinese companies going abroad are making the same basic trademark errors that foreign companies make in China

In the news: CSRC crackdown, VIE structure and Chengdu’s rise

The CSRC has punished two brokerage firms for fraud and the question of whether the VIE structure is valid has reappeared. Chengdu is now home to 31 more Fortune 500 companies, securing its place as China’s new foreign investment destination

China Law & Practice Awards 2013 – Recognising China’s elite

The research process for this year’s China Law & Practice Awards has already begun. With more categories than ever before and for the first time individual awards, do not miss the chance to participate

Legislation roundup: WTO disputes, VAT and freezing assets

MOFCOM has issued Draft Rules for trade remedy disputes after the WTO’s ruling. MOF and SAT have issued a Circular expanding the VAT reform to cover the whole country

Why representative office placement does not work

A representative office using temporary workers is challenging and more burdensome than direct employment, as agencies in practice release all responsibility after workers have been placed. Legal reforms have not clarified the situation, which means it may be time for investors to switch to a WFOE

Going outbound: What private companies can learn from SOEs

Soaring outbound investment is generating excitement and debate across domestic as well as international economic and political spheres. Privately-owned companies have started contributing to this trend, but what can they learn from experienced state-owned enterprises?

Opinion: Bureaucratic restructuring - power is the key

The State Council has restructured a number of the country’s ministries in an effort to boost efficiency. But as Steven Dickinson explains, the reorganisation is more focused on power and control

Full Text Translations


Provisions for Foreign Exchange Control in Connection with Direct Investment in China by Foreign Investors
外国投资者境内直接投资外汇管理规定

SAFE further streamlines the foreign exchange procedures for establishment of foreign-invested enterprises.

Circular on Issues Relevant to the Pilot Projects for the Engagement in Asset Management Product Business by Insurance Asset Management Companies
关于保险资产管理公司开展资产管理产品业务试点有关问题的通知

Insurance asset management companies allowed to sell asset management products.

Circular on Issues Relevant to the Regulation of the Investment and Acquisition of Equity Stakes in Insurance Companies by Limited Equity Investment Partnerships
关于规范有限合伙式股权投资企业投资入股保险公司有关问题的通知

The capital contribution or shareholding of each PE partnership may not exceed 5% of a single insurance company.

Provisions for the Administration of the Asset Securitisation Business of Securities Companies
证券公司资产证券化业务管理规定

Securities investment fund management companies, futures companies, commercial banks, insurance companies and trust companies allowed in engage in asset securitisation.

Tentative Provisions for the Engagement in the Public Securities Investment Fund Management Business by Asset Management Firms
资产管理机构开展公募证券投资基金管理业务暂行规定

The Provisions regulate the engagement in public securities fund management by securities companies, insurance companies, private equity firms and venture capital firms.

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Law Digests


Supreme People’s Court, Official Reply on the Issue Relevant to the Application of a Relevant Law in the Trial of Disputes over Export Credit Insurance Contracts
最高人民法院关于审理出口信用保险合同纠纷案件适用相关法律问题的批复

The Insurance Law applies to export credit insurance contracts.

China Insurance Regulatory Commission, Circular on Matters Relevant to Investment Risk Owners of Insurance Institutions
中国保险监督管理委员会关于保险机构投资风险责任人有关事项的通知

CIRC elaborates on investment risk owner requirements.

China Banking Regulatory Commission, Circular on Issues Relevant to Regulating the Investment Operation of the Wealth Management Business of Commercial Banks
中国银行业监督管理委员会关于规范商业银行理财业务投资运作有关问题的通知

CBRC rectifies wealth management operations of banks.

State Administration of Foreign Exchange, Measures for the Administration of Foreign Debt Registration
国家外汇管理局外债登记管理办法

SAFE simplifies foreign debt registration procedures.

China Securities Regulatory Commission, Guidelines for Contents and Formats for Information Disclosure by Companies That Offer Securities to the Public (No.3) - Contents and Format of Interim Reports (Revised in 2013)
中国证券监督管理委员会公开发行证券的公司信息披露内容与格式准则第3号——半年度报告的内容与格式 (2013年修订)

Contents of interim reports simplified.