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.

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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

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Business Law Bulletins

New Circular addresses equipment cost rise

Apples and pears? China’s commercial franchising and trade mark licensing regimes

Indian Parliament to discuss copyright legislation amendments

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