China Law & Practice

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Year: [2011] [2010] [2009] [2008] [2007] [2006] [1999]

Latest News

December 2011/January 2012

New securities lending law requires implementation guidance
Pilot scheme for brokerages allowing margin trading and short selling is expanded

Social insurance law compliance stressed in draft rules
Be aware that insurance rates vary by location and industry

Debt-for-equity swap registration required
Debt must be evaluated and verified

Draft may allow female employees more benefits
Maternity leave extended

November 2011

FDI Rmb settlement details released
Increase in cross-border Rmb investments expected

New e-commerce rules expected to address market access and IP protection
Online businesses operating in a legal limbo

October 2011

Allow enough time to prepare a pre-merger report
New provisions provide competition notification guidance

New bankruptcy rules clarify burden of proof
Further definition on the legal causes of bankruptcy

September 2011

BVI companies should review holding structures
With new information, tax avoiders could be identified

Double due diligence efforts before investing
Recent fraud allegations prompt more scrutiny on PRC companies seeking to list

IP authority recognises it cannot rule over the right to sue
Sipo now responsible for all recordation of patent licence contracts

Trust companies should manage risks to benefit from SIFs trading
New rules set qualification requirements

July/August 2011

Rmb repatriation may trigger new control measures
Central bank drafting rules to allow Rmb-denominated FDI into China

Companies should conduct self-assessment for concentration risk
Prove your business will have a positive impact on the market

Fund sales foreign entrants will positively impact competition
New rules open up fund sales market

Employing foreigners about to get more expensive
Draft provisions on foreigner social insurance enrolment released

June 2011

Banking rules set new capital adequacy ratios
New standards will help stabilise banking sector growth

Take IP infringement cases to court
Yearly report on key IP cases released

Rules could be relaxed if QFII index futures trading is successful
CSRC allows QFIIs to trade SIFs in China

May 2011

Withholding wages is a punishable crime
Amendment to criminal law targets malicious employers

Risk control is key for insurance players when dealing with brokers
Draft regulation will allow more financial institutions to become insurance brokers

Draft foreign investment catalogue requires consistency and clarity
Significant opportunities await investors in seven strategic industries

April 2011

For real estate success, plan in line with state policies
Property investment opportunities are abundant

Be familiar with M&A details before security review submission
Required documents will take time to prepare

Combatting anti-dumping charges
China triumphs against US trade measures

March 2011

Companies must carefully consider how IPO proceeds will be used
Post-IPO share price drops may trigger new pricing rules

Determine what can be copyrighted and establish protection regime
Being proactive in planning rights ownership helps enforcement

Foreign PE enterprises should gear up for evolving legal regime
New circular provides detailed operational rules

Due diligence is key for potential private investors in banks
Investment channels widened for private capital

February 2011

More pricing compliance work for companies
New anti-pricing monopoly rules released

Avoid antitrust suspicions by approaching compliance holistically
New antitrust implementation rules clarify definitions of dominance

Shanghai welcomes foreign private equity investment
Qualified institutional investors given easier access to onshore markets

Keep trouble away with comprehensive contracts and negotiations
Vendors threaten court action

China relaxes rules for technology enterprises
The Chinese authorities have released a new circular that relaxes the recognition criteria for advanced technology service enterprises (ATSEs)

China Law & Practice Events

Asia-Pacific In-house Counsel Summit 2012
21 & 22 March 2012
Location: Hong Kong

ALP India FDI Forum 2012
03 May 2012
Location: Singapore