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AmCham warns of China protectionism (again): http://t.co/w5mSgad9LV but banks pushing for a BIT: http://t.co/w5mSgad9LV

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 - http://t.co/lZORwG…

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: http://t.co/KOw2IRC7oZ

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
上海市关于在中国(上海)自由贸易试验区开展平行进口汽车试点的通知

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

PRC Regulations for the Administration of Foreign-invested Banks (2nd Revision)
中华人民共和国外资银行管理条例(第二次修订)

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

Measures for the Administration of Material Asset Restructurings by Listed Companies
上市公司重大资产重组管理办法

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
最高人民法院关于审理利用信息网络侵害人身权益民事纠纷案件适用法律若干问题的规定

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)
国家税务总局股权转让所得个人所得税管理办法(试行)

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
中国证券业协会并购重组私募债券试点办法

Privately offered bonds are promoted to facilitate M&As.