China Law & Practice

Change font size:   

Keeping your China operations clean

Foreign companies operating in China face the dual challenge of winning business in a highly competitive environment while at the same time conforming to both domestic and international laws against corruption and fraud. An effective ethics and compliance programme is an essential ingredient of success

Full Text Translations

Measures for the Administration of the Establishment of Partnerships in China by Foreign Enterprises or Individuals
外国企业或者个人在中国境内设立合伙企业管理办法
The Measures allow the establishment of a partnership in China by two or more foreign enterprises or individuals, or the establishment of a partnership in China by a foreign enterprise or individual with a Chinese natural person, legal person or other organisation.

Shanghai Municipality, Trial Measures for the Examination, Approval and Registration of Debt-for-equity Swaps of Foreign-invested Enterprises
上海市外商投资企业债权转股权审批登记试行办法
Shanghai allows debt-for-equity swaps by foreign-invested enterprises, which require the unanimous consent of all the shareholders of the investee enterprises.

Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes
关于审理侵犯专利权纠纷案件应用法律若干问题的解释
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.

Measures for the Review for Concentrations of Business Operators
经营者集中审查办法
With a view to eliminating or reducing the effect of eliminating or restricting competition that the concentration of business operators has or could have, restrictive conditions may be imposed on a concentration transaction.

Measures for the Reporting of Concentrations of Business Operators
经营者集中申报办法
Calculation of the business turnover of a business operator in a concentration clarified.

Circular on Strengthening the Administration of Enterprise Income Tax on Income Derived from the Transfer of Equity of Non-tax-resident Enterprises
关于加强非居民企业股权转让所得企业所得税管理的通知
The Circular aims to prevent tax evasion by non-tax-resident enterprises through transfer of equity.

Beijing Municipality, Tentative Measures for the Establishment of Foreign-invested Equity Investment Fund Management Enterprises in Beijing
北京市在京设立外商投资股权投资基金管理企业暂行办法
The registered capital of a foreign-invested equity investment fund management enterprise shall not be less than US$2 million.

Click here for more...

Search CLP Online / 搜索CLP 网

Search Options [Expand]






 
 
Search by Sectors [Expand]
Search by Categories [Expand]
Search by Article Types [Expand]
Law Search by Regions [Expand]
Law Search by Issuing Authorities [Expand]

Features & Analysis

UK Bribery Bill: The long arm of the Crown
A new British law will force any company with a business presence in the UK to operate an adequate anti-bribery policy overseas. The burden is likely to be particularly heavy for those operating in China

Taking security in China
Taking security over assets in China can be challenging, not least due to the various approval and registration requirements for foreign investors

Foreign-invested partnership regulations: radical reform or unmet expectations?
New rules on foreign-invested partnerships have raised hopes of a new investment vehicle for inbound business. But their effectiveness appears limited

Interpreting the PRC Patent Law
China’s highest court has published a judicial interpretation of the PRC Patent Law which gives significant guidance on many issues facing foreign rights owners

Extraterritorial enforcement of corporate income tax
A tax circular which seeks to strengthen the administration of tax on income derived from equity transfer may have a profound impact on non-resident investors using offshore vehicles. But the authorities have some legal hurdles to clear

Beijing opens up to foreign private equity fund managers
Beijing has responded to Shanghai’s recent relaxation of rules in Pudong by issuing measures to allow foreign private equity fund managers to set up shop

Chinese overseas investment summarised
As its economy continues to grow rapidly, China is looking for more outlets for its foreign exchange reserves. This is a trend which is reflected by recent legislation on overseas investment

The key to success in your China law research
After unprecedented success in the US, Thomson Reuters Legal has rolled out its Key Number System in the Chinese market. It allows lawyers to conduct their research quickly and efficiently, and eliminates the problem of missing vital knowledge

Li Lian Khoo: Derivatives will overcome teething troubles
Li Lian Khoo is director of legal and compliance at UBS and a member of the traded products team

Click here for more...

Legislation Digest

State Administration for Industry and Commerce and Ministry of Public Security, Circular on Further Strengthening Administration of the Registration of Resident Representative Offices of Foreign Enterprises
国家工商行政管理总局、公安部关于进一步加强外国企业常驻代表机构登记管理的通知
Number of foreign representatives is limited to four.

Shanghai Municipality, Seven Measures for Providing Convenience in Entry into and Exit from China for Foreign High-level Skilled Personnel and Investors
上海市外国籍高层次人才和投资者7项出入境便利措施
Foreign skilled personnel in Shanghai allowed for a five-year stay.

Ministry of Finance, Ministry of Land and Resources, People’s Bank of China, Ministry of Supervision and National Audit Office, Circular on Further Strengthening the Management of the Revenue and Expenditure of Land Grant
财政部、国土资源部、中国人民银行、监察部、审计署关于进一步加强土地出让收支管
China raises first instalment of land grant to 50% to prohibit hoarding.

Ministry of Justice, Measures for the Administration of Names of Law Firms
司法部律师事务所名称管理办法
“Lawyers Group” and “Lawyers Alliance” not allowed in law firm names.

Click here for more...

China Law & Practice Events

Breakfast Seminar: Regulation of derivatives and structured finance
25 February 2010
Location: Hong Kong

IFLR Asia M&A Forum
03 & 04 March 2010
Location: Hong Kong

The 7th Annual Asia-Pacific In-house Counsel Summit
16 & 17 March 2010
Location: Hong Kong

The 5th Annual Asia-Pacific Dispute Resolution Summit
11 May 2010
Location: Singapore