Company Structures & Regulations

Foreign Investment Industrial Guidance Catalogue (Amended in 2007) [Full Text Translation]
外商投资产业指导目录 (2007年修订)
The new guidance catalogue has re-defined industries into those that are encouraged, restricted or prohibited for foreign investment.

Guidelines for Compliance Management by Insurance Companies [Full Text Translation]
保险公司合规管理指引
These Guidelines aim to help insurance companies cope with compliance risks through specialized corporate governance stipulations.

QDII Fund Management Companies

People's Bank of China and China Banking Regulatory Commission, Circular on Strengthening the Credit Management for Commercial Real Property [Legislation Digest]
中国人民银行、中国银行业监督管理委员会关于加强商业性房地产信贷管理的通知
Mortgage rate for purchase of a second set of residential premises raised.

China Banking Regulatory Commission, Opinion on Effectively Safeguarding against the Risks of Providing Security for the Issuance of Bonds by Enterprises [Legislation Digest]
中国银行监督管理委员会关于有效防范企业债担保风险的意见
CBRC stops security provision for corporate bonds.

China Insurance Regulatory Commission, Guidelines for Compliance Management by Insurance Companies [Legislation Digest]
中国保险监督管理委员会保险公司合规管理指引
Guidelines for insurance companies to cope with compliance risks.

Shenzhen Stock Exchange, Working Guidelines for Information Disclosure of Listed Companies (No. 7): Changes to Accounting Policies and Accounting Estimates [Legislation Digest]
深圳证券交易所上市公司信息披露工作指引第7号–会计政策及会计估计变更
Shenzhen Stock Exchange curbs listed companies' tampering of accounting results.

Best of the Best: China Law & Practice Awards 2007
Navigating China's legal services market can be tricky: With so many law firms to choose from, in can be challenging for in-house counsel to select the best external advisers for their companies. China Law&Practice reveals the winners of its inaugural awards, which identify the top deals and law firms in five key practice areas.

PRC Anti-monopoly Law [Full Text Translation]
中华人民共和国反垄断法
China's first anti-monopoly law. This law aims to ensure fair market competition and to prevent and halt monopolistic acts.

Measures for the Administration of Futures Companies [Full Text Translation]
期货公司管理办法
This law aims to regulate futures companies in China. Of chief importance is that futures brokerages are renamed as futures companies.

New Guidelines for the Issuance of Corporate Bonds

Overview of the Anti-monopoly Law
The PRC Anti-monopoly Law codifies existing rules and establishes a basic legal framework to build a fair, uniform, and national competition-based economic system.

PRC Anti-monopoly Law [Legislation Digest]
中华人民共和国反垄断法
China's first law on anti-competitive activities promulgated.

Tom Online goes private

Foreign Investment in Non-performing Loans in China

SHANGHAI HOSPITAL JOINT VENTURE ATTRACTS GERMAN INVESTMENT

Suggestions on Regulatory Compliance with the New Anti-monopoly Law for Multinational Companies in China
The article helps legal departments of foreign companies in China to better understand the new law and legally maximize their interest under the restrictions of the Anti-Monopoly Law.

IP rights in China in an Anti-monopoly Law Era

Measures for Pilot Projects for the Offering of Corporate Bonds [Full Text Translation]
公司债券发行试点办法
This law governs the offering of corporate bonds in the People's Republic of China. Trusts are introduced for offering of corporate bonds.

Acquisition of Domestic FMCs by Foreign Investors Part II

FOREIGN COMPANIES FACE STIFF POLUTION PENALTIES

The Role of the Administrator under the PRC Enterprise Bankruptcy Law
The new law should give investors more certainty with regarding the possibility of recovery for their capital invested.

China Securities Regulatory Commission, Measures for Pilot Projects for the Offering of Corporate Bonds [Legislation Digest]
公司债券发行试点办法
Trusts introduced for offering of corporate bonds.

Companies, Exchanges and Transactions: Regulating the Re-emergence of China's Financial Futures Industry
The Futures Companies Measures are particularly helpful in examining and understanding the re-emergence of the financial futures industry in China and the evolving regime that will regulate its practice.

China Securities Regulatory Commission, Circular on Matters Relevant to the Implementation of the «Measures for Pilot Projects for the Offering of Corporate Bonds» [Legislation Digest]
中国证券监督管理委员会关于实施《公司债券发行试点办法》有关事项的通知
Pilot projects for the offering of corporate bonds limited to certain listed companies.

China Securities Regulatory Commission, Measures for the Administration of Futures Companies [Legislation Digest]
期货公司管理办法
Futures brokerages renamed as futures companies.

China Securities Regulatory Commission, Guidelines on Contents and Formats for Information Disclosure by Companies that Offer Securities to the Public (No.23): Prospectuses for Public Offering of Corporate Bonds [Legislation Digest]
中国证劵监督管理委员会公开发行证劵的公司信息披露内容与格式准则第 23 号 - 公开发行公司债劵募集说明书
Disclosure of risk factors required in corporate bond prospectuses.

China Securities Regulatory Commission, Guidelines on Contents and Formats for Information Disclosure by Companies that Offer Securities to the Public (No 24): Application Documents for Public Offering of Corporate Bonds [Legislation Digest]
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24号 - 公开发行公司债券申请文件
Nineteen application documents required for offering of corporate bonds.

China Securities Regulatory Commission, Circular on Regulating Information Disclosure of Listed Companies and Acts of Relevant Parties [Legislation Digest]
中国证券监督管理委员会关于规范上市公司信息披露及相关各方行为的通知
CSRC takes measures to prevent insider trading

China Securities Regulatory Commission, Tentative Measures for the Administration of Credit Rating Business Pertaining to the Securities Market [Legislation Digest]
中国证券监督管理委员会证券市场资信评级业务管理暂行办法
Credit rating agencies engaging in securities rating required to have Chinese legal personality.

Ministry of Health, Measures for the Administration of Novel Foods [Legislation Digest]
卫生部新资源食品管理办法
Genetically modified food requires safety assessment before placing on the market.

Guangzhou Municipality, 2007 Enterprise Wage Guidelines [Legislation Digest]
广州市2007年企业工资指导线
Guangzhou sets wage increase baseline at 9%.

Shenzhen Stock Exchange, Guidelines for Information Disclosure of Listed Companies No.6: Major Contracts [Legislation Digest]
深圳证券交易所上市公司信息披露工作指引第6号 - 重大合同
The Shenzhen Stock Exchange requires disclosure of contracts exceeding Rmb 1 billion.

Shanghai Municipality, Collective Contracts Regulations [Legislation Digest]
上海市集体合同条例
Enterprises in Shanghai required to conduct collective bargaining with employees on wage adjustment.

Shanghai Stock Exchange, Supplementary Circular on Issues Relevant to the Securities Transactions of Qualified Foreign Institutional Investors [Legislation Digest]
上海证券交易所关于合格境外机构投资者证券交易有关事项的补充通知

China Adopts a Comprehensive Competition Law After a 13-Year Journey

NEW CSRC RULE FOR CORPORATE BONDS

Changing Legal Requirements and Practices in Real Estate

POTENTIAL STILL STRONG FOR PRIVATE EQUITY IN CHINA, SAYS STUDY

Trial Measures for the Administration of Overseas Securities Investment by Qualified Domestic Institutional Investors [Full Text Translation]
合格境内机构投资者境外证券投资管理试行办法
This law regulates investments in overseas securities by qualified domestic institutional investors and to protect the interests of investors. Parts Two and Three set out the requirements for being a qualified domestic institutional investor (QDII), and an oversea investment consultant. Part Four deals with the custody of assets, power and duties of a custodian, and the appointment of an overseas asset custodian. Part Five is concerned with the duties and transparency of the QDII. Part Six sets out the limit of fund management.

Limited Liability Partnerships: The Best Structure for Funds?

Tentative Measures for the Administration of Overseas Investment of Insurance Capital [Full Text Translation]
保险资金境外投资管理暂行办法
These Tentative Measures strengthen the administration of overseas investment of insurance capital, and to protect the interests of involved parties, whilst at the same time further relaxing overseas investment of insurance capital.

Regulations for the Administration of Futures Trading [Full Text Translation]
期货交易管理条例
This law aims to regulate futures trading, to protect parties involved in such trading, and to promote the development of the futures market. Part Two covers the establishment of futures exchanges, as approved by the State Council's futures regulatory authority. Part Three deals with the formation of futures companies. Part Four sets out the basic rules of futures trading. Part Five provides a self regulatory system for the futures industry. Parts Six and Seven are concerned with the checks and control system, and legal liability of violators.

Acquisition of Domestic FMCs by Foreign Investors Part I

China Insurance Regulatory Commission, People's Bank of China and State Administration of Foreign Exchange, Tentative Measures for the Administration of Overseas Investment of Insurance Capital [Legislation Digest]
中国保险监督管理委员会、中国人民银行、国家外汇管理局保险资金境外投资管理暂行办法
Further relaxing overseas investment of insurance capital.

China Securities Regulatory Commission, Trial Measures for the Administration of Overseas Securities Investment by Qualified Domestic Institutional Investors [Legislation Digest]
中国证券监督管理委员会合格境内机构投资者境外证券投资管理试行办法
Overseas securities investment available for fund management companies and securities companies.

State Council, Regulations for the Administration of Futures Trading [Legislation Digest]
国务院期货交易管理条例
China to develop financial futures and options.

China Securities Regulatory Commission, Measures on the Administration of the Qualifications of the Directors, Supervisors and Senior Management Personnel of Futures Companies [Legislation Digest]
中国证券监督管理委员会期货公司董事、监事和高级管理人员任职资格管理办法
The appointment of a chief risk officer required in futures companies.

Other Recent Legislation for this Month [Legislation Digest]

Methods of Overall Listing and Related Legal Issues

Yuan Tai

SAFE Plugs Holes for China/Offshore Round-trip Investments
Cross-border "round-trip" investments and related transactions are now supported and constrained by newly-standardized comprehensive governmental procedures for foreign exchange registration.

Finance Leasing with Chinese Characteristics
The China Bank Regulatory Commission is reviewing applications by five commercial banks to establish finance leasing companies. How will this new business vehicle impact the Chinese finance leasing landscape?

State Council, PRC Measures for the Administration of Registration of Partnership Enterprises (Revised) [Legislation Digest]
国务院中华人民共和国合伙企业登记管理办法 (修订)
Partnership enterprises required to specify "general partnership", "special general partnership" or "limited partnership" in their names.

China Securities Regulatory Commission, Rules for the Administration of the Shareholdings of Directors, Supervisors and Senior Management Personnel of Listed Companies and the Changes Thereto [Legislation Digest]
中国证券监督管理委员会上市公司董事、监事和高级管理人员所持本公司股份及其变动管理规则
Transfer of shares by directors, supervisors and senior management personnel curbed.

State-owned Assets Supervision and Administration Commission of the State Council and China Securities Regulatory Commission, Tentative Measures for the Administration of the Transfer of Shares of Listed Companies Held by State-owned Shareholders [Legislation Digest]
国务院国有资产监督管理委员会、中国证券监督管理委员会国有股东转让所持上市公司股份管理暂行办法
Shares of listed companies held by state-owned shareholders transferred according to the market price.

State-owned Assets Supervision and Administration Commission of the State Council, Tentative Provisions for the Administration of the Acquisition of Shares of Listed Companies by State-owned Work Units [Legislation Digest]
国务院国有资产监督管理委员会国有单位受让上市公司股份管理暂行规定
First provisions on the acquisition of shares of listed companies by state-owned entities.

Anti-counterfeiting: The Law Now, in 2010 and Beyond
How China is tackling her greatest challenges in IP rights protection: enforceability, the question of who is liable for infringements and local protectionism.

New Bankruptcy Law Puts Power in the Hands of Creditors

Relocation of FIEs' Sites in China

China M&As Dominant, But Difficult
Merger and acquisition in China is expected to remain regionally most active yet challenging in 2007.

Investing in Pre-IPO-Stage PRC Companies

Measures for the Administration of Trust Companies [Full Text Translation]
信托公司管理办法
This law aims to establish the regulatory framework for business activities of trust companies and promote the healthy development of the trust industry.

Share Pledges in China: Prospects under the New Property Law
The PRC Property Law improves upon the existing vague legal provisions and inconsistent local authority practices regarding share pledges.

China Banking Regulatory Commission, Measures for the Administration of Trust Companies [Legislation Digest]
中国银行业监督管理委员会信托公司管理办法
More provisions to segregate a trust company's business for its own account and its trust business.

China Outbound Investment: Banks' Scope Broadened, Trusts Added
PRC domestic savings will soon have additional overseas outlets, as regulations are issued to permit more types of outbound investment by greater types of qualified domestic institutional investors.

Tentative Measures for the Administration of the Entrusted Overseas Financial Management Business of Trust Companies [Full Text Translation]
信托公司受托境外理财业务管理暂行办法
The Tentative Measures stipulates requirements for engaging in entrusted overseas financial management business, the limit of foreign exchange payments for investments and fund management, risk management and transparency of business.

China Banking Regulatory Commission and State Administration of Foreign Exchange, Tentative Measures for the Administration of the Entrusted Overseas Financial Management Business of Trust Companies [Legislation Digest]
中国银行业监督管理委员会、国家外汇管理局信托公司受托境外理财业务管理暂行办法
Trust companies admitted to the QDII group.

China's New Franchising Regime
New regulations on commercial franchises should contribute to making the mainland a much more accessible market for international franchisors. What are the new rules, and what questions regarding franchises remain unanswered?

Measures for the Administration of Record Filings in Connection with Commercial Franchising [Full Text Translation]
商业特许经营备案管理办法
This law strengthens the administration of commercial franchising activities, regulates the order of the franchising market, and provides requisite application procedures.

Measures for the Administration of Information Disclosure in Connection with Commercial Franchising [Full Text Translation]
商业特许经营信息披露管理办法
The franchisor is required to disclose certain information to the franchisee in writing at least 30 days before the conclusion of franchise contract. A confidential agreement may be executed before information is disclosed.

China Securities Regulatory Commission, Trial Measures for the Provision of Intermediary Services by Securities Companies to Futures Companies [Legislation Digest]
中国证券监督管理委员会证券公司为期货公司提供中间介绍业务试行办法
Securities companies mayoffer intermediary services for affiliated futures companies.

People's Bank of China and National Development and Reform Commission, Tentative Measures for the Administration of the Issuance of Renminbi Bonds in the Hong Kong Special Administrative Region by Domestic Financial Institutions [Legislation Digest]
中国人民银行、国家发展和改革委员会境内金融机构赴香港特别行政区发行人民币债券管理暂行办法
Hong Kong becomse the first renminbi bond market outside mainland China.

Ministry of Commerce, Measures for the Administration of Record Filings in Connection with Commercial Franchising [Legislation Digest]
商务部商业特许经营备案管理办法
Specific materials and procedures for franchise record filing detailed.

Ministry of Commerce, Measures for the Administration of Information Disclosure in Connection with Commercial Franchising [Legislation Digest]
商务部商业特许经营信息披露管理办法
Franchisors required to disclose certain information to their franchisees before signing the contract.

Shenzhen Stock Exchange, Rules on the Administration of Proceeds of Companies Listed on the Small and Medium-sized Enterprise Board (2007 Revision) [Legislation Digest]
深圳证券交易所中小企业板上市公司募集资金管理细则(2007年修订)
Companies listed on the Shenzhen SME board required to establish a management system for proceeds.

China's Legal Services Market: Survival of the Fittest
Chinese law firms and foreign law firms play different roles in the legal service market in China. Who is taking the lead and where do these firms fit into the big picture?

Labour Union Leader's Wrongful Employment Termination Case

New Regulations for Law Firms' Securities Practice: Loosening Access, Strengthening Accountability
New Measures favours giving regulatory authorities greater powers of discretion in validating legal opinions. The article analyzes the new rules, and how securities lawyers can ensure compliance.

Supreme People's Court, Provisions for the Appointment of Administrators for Trials of Enterprise Bankruptcies [Legislation Digest]
最高人民法院关于审理企业破产案件指定管理人的规定
Criteria provided for selection of administrators of enterprise bankruptcies.

Employee Stock Plans for Companies Listing on a Domestic Exchange

Stockholders Challenge Tech Companies on Censorship

Supreme People's Court, Provisions for Determining the Remuneration of Administrators for Trials of Enterprise Bankruptcies [Legislation Digest]
最高人民法院关于审理企业破产案件确定管理人报酬的规定
Remuneration of administrators determined according to the value of property in the final repayment by the debtor.

PRC Taxes on Hong Kong & Foreign Companies: Clarifications, Changes, Challenges & Opportunities
Hong Kong and foreign companies making frequent visits to mainland China are likely to be subject to PRC enterprise income tax, while foreign investors, lenders and technology licensors will face challenges in seeking the most preferential rates of PRC withholding tax.

General Administration of Customs, Measures for the Administration of Direct Return of Imports [Legislation Digest]
中华人民共和国海关进口货物直接退运管理办法
Imports may be directly returned by order of customs.

State Administration of Foreign Exchange, Circular on Issues Relevant to the Administration of Short-term Foreign Debts of Financial Institutions for the Year 2007 [Legislation Digest]
国家外汇管理局关于2007 年度金融机构短期外债管理有关问题的通知
SAFE reduces the short-term foreign debt indicators of financial institutions for 2007.

State Administration of Foreign Exchange, Circular on Adjusting the Administration Mode for Market Entry into and Exit from the Spot Settlement and Sale of Foreign Exchange Businesses of Banks [Legislation Digest]
国家外汇管理局关于调整银行即期结售汇业务市场准入和退出管理方式的通知
Application procedures for settlement and sale of foreign exchange businesses by banks simplified.

State Administration of Taxation, Circular on Issues Relevant to Set-off of the Amount of Value-added Tax on Purchases in Connection with Imports of Taxpayers [Legislation Digest]
国家税务总局关于纳税人进口货物增值税进项税额抵扣有关问题的通知
Set-off of Value-added tax on purchases relating to imports clarified.

State Administration of Taxation, Official Reply on the Commencement Time for the Implementation of the Reduction and Exemption of Enterprise Income Tax on Newly-established Enterprises [Legislation Digest]
国家税务总局关于新办企业减免企业所得税执行起始时间的批复
Reduction and exemption of income tax of newly-established enterprises clarified.

Ministry of Commerce, Circular on Issues Relevant to Strengthening the Administration of Processing Trade [Legislation Digest]
商务部关于加强加工贸易管理有关问题的通知
Environmental protection, energy consumption, employee treatment and equipment quality included in the criteria for engaging in processing trade.

China Tightens its Environmental Law Control over New Investment Projects
How environmental law is applied in China, and how stepped-up enforcement of existing legislation is ensuring compliance with the State Environmental Protection Agency's objectives?

Preventative Measures Against Commercial Bribery and Corruption

UNION ACTIVITY ON THE RISE

A Uniform Corporate Income Tax Rate Comes to China

Saving China's Environment: From Compliance to Best Practice
What standards of environmental protection should multinationals and their legal advisers consider, and why?

New Disclosure Standards for PRC Listed Companies

Interpreting the New Enterprise Income Tax Law
The new Enterprise Income Tax Law will take effect on January 2008. What changes should be expected by foreign investors?

PRC Enterprise Income Tax Law [Full Text Translation]
中华人民共和国企业所得税法
This law aims to unify tax treatment among foreign invested enterprises and domestic enterprises through a unified tax rate and corporate income tax system.

China Air Transport Association, Measures for the Approval of Sales Agency Qualifications for China Civil Air Transport [Legislation Digest]
中国航空运输协会中国民用航空运输销售代理资格认可办法
Approval of sales agency qualifications for China civil air transport delegated to the China Air Transport Association from CAAC.

New Merger Control Guidelines Clarify Procedures and Information Required for Merger Filings in China
The new Guidelines detail what information is required from a notifying party in its submission to the Antitrust Investigation Office. Key procedural issues are also clarified.

Guidelines on Anti-monopoly Filings for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors [Full Text Translation]
关于外国投资者并购境内企业反垄断申报指南
These Guidelines aim to facilitate filings for mergers and acquisitions of domestic enterprises by foreign investors to ensure that they are not in violation of the anti-monopoly law.

China Banking Regulatory Commission, Report on Opening up China's Banking Industry to Foreign Investment [Legislation Digest]
中国银监会中国银行业对外开放报告
Foreign banks are encouraged to set up banks with legal personality.

Recent Changes to Regulations on Industrial Land
Industrial land is subject to a new set of regulations in terms of granting procedures, granting prices, urban land use tax and requirements governing the conditions of using industrial land.

Office of Anti-monopoly Investigations, Department of Treaty and Law, Ministry of Commerce, Guidelines for Anti-monopoly Filings in Connection with Mergers and Acquisitions of Domestic Enterprises by Foreign Investors [Legislation Digest]
商务部条法司反垄断调查办公室关于外国投资者并购境内企业反垄断申报指南
Anti-monopoly filings required before conducting mergers or acquisitions.

Provisions for the Administration of Foreign-invested Construction Project Service Enterprises [Full Text Translation]
外商投资建设工程服务企业管理规定
applicable to Sino-foreign equity joint venture construction project service enterprises, Sino-foreign cooperative joint venture construction project service enterprises, and wholly foreign-owned construction project service enterprises established in China.

Measures for the Approval of Sales Agency Qualifications for China Civil Air Transport [Full Text Translation]
中国民用航空运输销售代理资格认可办法
The approval of sales agency qualifications is delegated to the China Air Transport Association by the CAAC. The qualification conditions and procedures for sales agency are stipulated in Parts Three and Four.

Ministry of Construction and Ministry of Commerce, Provisions for the Administration of Foreign-invested Construction Project Service Enterprises [Legislation Digest]
建设部、商务部外商投资建设工程服务企业管理规定
Wholly foreign-owned construction project service enterprises allowed.

General Office of Ministry of Commerce, Guiding Opinion on Attracting Foreign Investment Nationwide in 2007 [Legislation Digest]
商务部办公厅关于2007年全国吸收外商投资工作指导性意见
Foreign investment in real property restricted in 2007.

State Administration of Foreign Exchange, Circular on Issues Relevant to Foreign Exchange Control Involved in the Restructuring of Foreign-invested Banks [Legislation Digest]
国家外汇管理局关于外资银行改制所涉外汇管理有关问题的通知
SAFE sets forth procedures concerning foreign exchange matters in the restructuring of foreign-invested banks.

China Securities Regulatory Commission, Circular on Further Regulating the Use of Proceeds of Listed Companies [Legislation Digest]
中国证券监督管理委员会关于进一步规范上市公司募集资金使用的通知
Curbs on listed companies' use of proceeds.

National Development and Reform Commission, Measures for the Administration of Tobacco Monopoly Licences [Legislation Digest]
国家发展和改革委员会草专卖许可证管理办法
Foreign-invested commercial enterprises prohibited from engaging in tobacco retail and wholesale businesses.

PRC Enterprise Income Tax Law [Legislation Digest]
中华人民共和国企业所得税法
Enterprise income tax rate for both FIEs and domestic companies set at 25%.

State Administration of Taxation, Circular on the Investigation of Tax Payment of Foreign-invested Enterprises and Foreign Enterprises Responsible for One Single Function of Production [Legislation Digest]
国家税务总局关于调查承担单一生产功能外商投资企业和外国企业纳税情况的通知
FIEs with one single production function under tax investigation.

Ministry of Finance and State Administration of Taxation, Circular on Tax Issues Relevant to the Restructuring of Branches of Foreign Banks into Wholly Foreign-owned Banks [Legislation Digest]
财政部、国家税务总局关于外国银行分行改制为外商独资银行有关税收问题的通知
Tax issues clarified in the restructuring of foreign-invested banks.

Shenzhen Stock Exchange, Members Administration Rules [Legislation Digest]
深圳证券交易所会员管理规则
Shenzhen Stock Exchange still allows memebers to purchase seats from it.

Shanghai Stock Exchange, Guidelines on the System for Management of Information Disclosure Affairs of Listed Companies [Legislation Digest]
上海证券交易所上市公司信息披露事务管理制度指引
Controlling and large shareholders required to disclose material information once known.

Shanghai Stock Exchange, Members Administration Rules [Legislation Digest]
上海证券交易所会员管理规则
Shanghai Stock Exchange no longer approves new seats.

China's Developing Franchising Market
Wen Jie and Richard Wageman discuss the development of the exponentially growing franchising market in China, against which the most recently promulgated franchising legislation is interpreted.

Regulations for the Administration of Commercial Franchising [Full Text Translation]
商业特许经营管理条例
This law introduces some new regulations with respect to new and existing franchising businesses, and stipulates the requirement of information disclosure by a franchisor to a franchisee.

Commercial Bribery: What are the Boundaries?

The Art of Investment: Tactics for Acquiring PRC Listed Companies

Interpretation on Several Issues Concerning the Application of the Law in Trials of Civil Unfair Competition Cases [Full Text Translation]
最高人民法院关于审理不正当竞争民事案件应用法律若干问题的解释
The Interpretation addresses the adjudication of civil unfair competition cases includimg counterfeits, falsified advertisement, trade secrets, defamation.

China's Partnership Enterprise Law Revised

Specific Law Application Issues Concerning Trials of Disputes over Infringement upon Rights to New Varieties of Plants
China continues to develop its legal regime protecting the creation and development of new plant varieties with the issuance of new rights and remedies available for infringement disputes involving new plant varieties.

Encouraging Investment with Incentives for Establishing Headquarters in Guangzhou
In its eleventh five-year plan for the development of foreign trade, Guangzhou made a commitment to encourage foreign investors to set up headquarters and regional headquarters in its municipal area.

Guangzhou City, Provisions on Encouraging Foreign Investors to Invest in and Establish Headquarters and Regional Headquarters [Full Text Translation]
广州市鼓励外商投资设立总部和地区总部的规定
In order to be recognized as a headquarters or regional headquarters, the institution must satisfy four conditions. Many incentives are provided to foreign investors for establishing headquarters or regional headquarters.

Ministry of Construction and Ministry of Commerce, Implementing Rules on the Provisions for the Administration of Foreign-invested Construction Design Enterprises [Legislation Digest]
建设部、商务部外商投资建设工程设计企业管理规定实施细则
Implementing Rules to clarify the qualification verfication requirements of foreign-invested construction design enterprises.

China Insurance Regulatory Commission, Guidelines for Bond Investment Credit Ratings by Insurance Institutions (Trial Implementation) [Legislation Digest]
中国保险监督管理委员会保险机构债券投资信用评级指引 (试行)
Insurance institutions required to conduct internal credit, ratings on bond investments.

China Securities Regulatory Commission, Circular on Issues Relevant to Improving the Trading Seat System for Securities Investment Funds [Legislation Digest]
中国证券监督管理委员会关于完善证券投资基金交易席位制度有关问题的通知
New regulations on the trading seat system for securities investment funds.

State Council, Regulations for the Administration of Commercial Franchising [Legislation Digest]
国务院商业特许经营管理条例
New rules for franchising include regulations for new and existing businesses.

Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law in the Trial of Civil Unfair Competition Cases [Legislation Digest]
最高人民法院关于审理不正当竞争民事案件应用法律若干问题的解释
The PRC Anti-unfair Competition Law clarified.

State-owned Assets Supervision and Administration Commission of the State Council and Ministry of Finance, Circular on Matters Relevant to the Transfer of Enterprise State-owned Assets and Equity [Legislation Digest]
国务院国有资产监督管理委员会、财政部关于企业国有产权转让有关事项的通知
The transfer of state-owned assets must be done publicly, and be verified and approved in accordance with relevant provisions.

Ministry of Land and Resources, Tentative Measures for the Administration of Foreign Organizations or Individuals that Conduct Surveying and Mapping in China [Legislation Digest]
国土资源部外国的组织或者个人来华测绘管理暂行办法
Foreigners looking to conduct surveying and mapping in China must obtain consent from the authorities beforehand.

Ministry of Finance, General Provisions on Enterprise Finance (Revised) [Legislation Digest]
财政部企业财务通则 (修正)
After more than 10 years, the provisions on enterprise finance have been revised.

Ministry of Finance, Financial Rules for Financial Enterprises [Legislation Digest]
财政部金融企业财务规则
Financial rules for financial enterprises have been updated.

State Council, Decision on the Amendment of the «PRC Tentative Regulations on Urban and Rural Land Use Tax» [Legislation Digest]
国务院关于修改《中华人民共和国城镇土地使用税暂行条例》的决定
Foreign enterprises, among others, must pay the appropriate amount of land use tax.

Guangzhou City, Provisions on Encouraging Foreign Investors to Invest in and Establish Headquarters and Regional Headquarters [Legislation Digest]
广州市鼓励外商投资设立总部和地区总部的规定
Guangzhou offers incentives for the eestablishment of headquarters and regional headquarters.

Shenzhen Stock Exchange, Working Guidelines for Information Disclosure by Listed Companies No. 2 ­ Information Disclosure on Shareholders and De Facto Controllers [Legislation Digest]
深圳证券交易所上市公司信息披露工作指引第2号股东和实际控制人信息披露
The Shenzhen Stock Exchange gives guidelines for listed companies on how they should disclose company information.

Shenzhen Stock Exchange, Working Guidelines for Information Disclosure by Listed Companies No. 3 ­ Unusual Movements in Share Trading [Legislation Digest]
深圳证券交易所上市公司信息披露工作指引第3号 - 股票交易异常波动
The Shenzhen Stock Exchange gives guidelines for listed companies on how they should disclose company information.

Foreign and domestic companies now under the same tax code

China Law&Practice: Charting China's Legislation for 20 Years
An overview of the biggest legislative developments over the past two decades and the key issues affecting law firms in China today.

Civil Aviation Administration of China, Ministry of Commerce and National Development and Reform Commission, Supplementary Provisions for the «Provisions for Foreign Investment in Civil Aviation» (2 [Legislation Digest]
中国民用航空总局、商务部、国家发展和改革委员会《外商投资民用航空业规定》的补充规定（二）
Greater market access for Hong Kong and Macao air transport sales agencies.

SONY SUED FOR UNFAIR COMPETITION

China Banking Regulatory Commission, Implementing Rules for the PRC Regulations for the Administration of Foreign-invested Banks [Legislation Digest]
中国银行业监督管理委员会中华人民共和国外资银行管理条例实施细则
More detailed rules on the operation of renminbi business by foreign-invested banks.

Shortcomings in China's Corporate Governance Regime
Challenges ahead to bring PRC companies in compliance with internationally-accepted best practices.

NEW INTERPRETATION ON UNFAIR COMPETITION LAW

New Regulatory Developments in China's Derivatives Markets
Regulatory authorities have responded with legislation on exchange forwards and swaps. Will the authorities liberalize constraints on the derivative markets to meet international market standards?

The Battle for Intellectual Property in the Semiconductor Business
Many Chinese semiconductor producers lack IP portfolios rendering them increasingly vulnerable to infringement claims by their foreign rivals. The IP war has begun.

China Banking Regulatory Commission, Circular on Further Strengthening Market Risk Management of Commercial Banks [Legislation Digest]
中国银行业监督管理委员会关于进一步加强商业银行市场风险管理工作的通知
Commercial banks asked to pay attention to market risk management.

New Judicial Interpretation in Fair Competition Law
Clarifies what constitutes well-known commodities and infringement of business secrets. Yan Xun reviews the key issues affecting intellectual property rights owners in China.

NEW TAX LAW EXPECTED IN MARCH

Implementing Rules for the PRC Regulations for the Administration of Foreign-invested Banks [Full Text Translation]
中华人民共和国外资银行管理条例实施细则
Detailed procedures for the establishment and dissolution of foreign-invested banks, scope and operation of renminbi business, and professional qualification requirements of some senior personnel are provided.

POSTAL REFORM FINALLY COMES TO CHINA

Stricter Regulations for Resident Representative Organizations in China of Foreign Insurance Institutions
The new measures governing the establishment of representative organizations by foreign insurance institutions replace a similar set of measures promulgated only two years before.

Measures for the Administration of Resident Representative Organizations in China of Foreign Insurance Institutions* [Full Text Translation]
中国保险监督管理委员会外国保险机构驻华代表机构管理办法
These measures impose further requirements on resident representative organizations in China of foreign insurance institutions, and facilitate the opening up of China's insurance market.

China Insurance Regulatory Commission, Measures for the Administration of Resident Representative Organizations in China of Foreign Insurance Institutions [Legislation Digest]
中国保险监督管理委员会外国保险机构驻华代表机构管理办法
More requirements imposed on representative offices of foreign insurance organizations.

China Securities Regulatory Commission, Measures for the Administration of Information Disclosure by Listed Companies [Legislation Digest]
中国証券监督管理委员会上市公司信息披露管理办法
Listed companies required to set up management mechanisms for information disclosure.

People's Bank of China, Provisions for the Administration of Market Makers of the National Interbank Bond Market [Legislation Digest]
中国人民银行全国银行间债券市场做市商管理规定
Access requirements to the National Interbank Bond Market for market makers lowered.

People's Bank of China Notice [2007] No.3 [Legislation Digest]
中国人民银行公告〔2007〕第 3 号
Mainland financial institutions allowed to issue renminbi-denominated bonds in Hong Kong.

Ministry of Commerce, National Development and Reform Commission, General Administration of Customs, General Administration of Quality Supervision, Inspection and Quarantine and Certification and Accreditation Administration, Circular on Regulating the Order of Motor Vehicle Exports [Legislation Digest]
商务部、国家发展和改革委员会、海关总署、国家质量监督检验检疫总局、国家认证认可监督管理委员会关于规范汽车出口秩序的通知
Stricter rules for export of automobiles.