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China Law & Practice


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AmCham warns of China protectionism (again): but banks pushing for a BIT:

Feb 12 2015 04:02 ·  reply ·  retweet ·  favourite
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RT @denisfberger: Shanghai IP court head Judge Wu on establishment of technical department and technical investigators -…

Feb 12 2015 03:59 ·  reply ·  retweet ·  favourite
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Ai-Leen Lim leaves @twobirds to join @Awapatent as CEO of their new Asia offices in BJ and HK:

Feb 10 2015 02:53 ·  reply ·  retweet ·  favourite

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Chinese investors’ guide to the US tech market

Foreign investment in the US TMT sector requires careful navigation due to national security reviews, ownership limitations and export restrictions. Here is what Chinese investors need to know before planning their acquisitions

In the news: The ACFTU warns of foreign hostility, the Legislation Law is set for revision and the SPC interprets IP and competition

This week the ACFTU vice-chairman warned of foreign forces in China's labour movement, the NPC considered a draft amendment to the PRC Legislation Law and the SPC published a judicial interpretation on act preservation measures in IP and competition issues

Legislation roundup: M&A filing and enterprise income tax

MOFCOM has clarified case name requirements for anti-monopoly filings and SAT has imposed tax on indirect transfers of Chinese property by non-tax-resident enterprises

What the foreign investment overhaul means for investors

How MOFCOM deals with existing VIEs and interprets control, and the sectors that will be put on the negative list, will determine the consequences and prospects for both present and future foreign investors

Full Text Translations

PRC Foreign Investment Law (Draft for Comments)
中华人民共和国外国投资法 (草案征求意见稿)

including excerpts of the Explanation of the PRC Foreign Investment Law (Draft for Comments) on VIEs

Shanghai Municipality, Circular on Launching a Pilot Project for the Parallel Import of Motor Vehicles in the China (Shanghai) Pilot Free Trade Zone

Parallel import of motor vehicles allowed in the Shanghai Free Trade Zone.

PRC Regulations for the Administration of Foreign-invested Banks (2nd Revision)

The criteria for setting up branches are lowered for foreign banks.

Measures for the Administration of Material Asset Restructurings by Listed Companies

The revised Measures abolish the requirement for the examination and approval of material purchases, sales and exchanges of assets of listed companies where the same do not constitute a backdoor listing.

Provisions on Several Issues Concerning the Application of the Law in the Trial of Civil Dispute Cases Involving the Use of Information Networks to Infringe Personal Rights and Interests

Statutory damages for online defamation could be up to Rmb 500,000.

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Law Digests

Ministry of Commerce, PRC Foreign Investment Law (Draft for Comments)
商务部中华人民共和国外国投资法 (草案征求意见稿)

State Administration of Taxation, Measures for the Administration of Individual Income Tax on Income Derived from Equity Transfers (Trial Implementation)

SAT clarifies individual income tax levy on equity transfers.

Securities Association of China, Measures for a Pilot Project for Bonds Privately Offered to Carry Out Mergers and Restructurings

Privately offered bonds are promoted to facilitate M&As.