Provisions on Several Issues Concerning the Application of the (PRC Company Law) (2)
关于适用《中华人民共和国公司法》若干问题的规定（二）
The Provisions set forth criteria for a people’s court to accept a petition of a shareholder or shareholders to dissolve the company.
Opinion on the Application of Securities and Futures Laws No.3: Opinion on the Application of the Provision “No Major Change Shall Have Occurred in the Issuer’s Core Business During the Most Recent Three Years” of Article 12 of the (Measures for the Administration of Initial Public Offerings of Shares and the Listing Thereof)
《首次公开发行股票并上市管理办法》第十二条发行人最近3年内主营业务没有发生重大变化的适用意见 - 证券期货法律适用意见第3号
When an IPO issuer restructures identical, similar or related businesses under the same corporate controller during the reporting period, it shall pay close attention to the effect of the reorganization on its total assets, or its operating revenue or gross profit.
Provisions on Issues Relevant to Regulatory Opinions for Initial Public Offerings of Shares and the Listing Thereof by Securities Companies
关于证券公司申请首次公开发行股票并上市监管意见书有关问题的规定
Before a securities company submits an application for an initial public offering of shares and the listing thereof, it shall submit relevant materials to the China Securities Regulatory Commission and apply for the issuance of a regulatory opinion.
Provisions for the Regulation of Branches of Securities Companies (Trial Implementation)
证券公司分公司监管规定 (试行)
When a securities company is to establish a branch, it shall require the approval of the China Securities Regulatory Commission. A branch shall not have legal personality and its legal liability shall be borne by the securities company.
Provisions on Issues Relevant to the Regulation of Controlling Interests and Equity Interests in Futures Companies
关于规范控股、参股期货公司有关问题的规定
The number of futures companies in which one entity has a controlling interest or equity interest may not exceed two, and the number of futures companies in which it has a controlling interest may not exceed one.
Circular on Administrative Issues Relevant to Asset Appraisal Firms that Engage in Securities and Futures-related Business
关于从事证券期货相关业务的资产评估机构有关管理问题的通知
The Circular sets forth the criteria for asset appraisal firms applying for securities and futures-related business valuation qualifications.
Circular on Issues Relevant to the Revision of the Rates of Pre-tax Deductions from Individual Income Tax of Family Proprietorships, Wholly Individually-owned Enterprises and Partnerships
关于调整个体工商户个人独资企业和合伙企业个人所得税税前扣除标准有关问题的通知
The rate for the deduction of the expenses before individual income tax of the owners of family proprietorships and of investors in wholly individually-owned enterprises and partnerships is uniformly set at Rmb24,000 per year (Rmb2,000 per month).
Anti-Monopoly Law: The Lawyers are Ready, but the Law Isn’t
China’s long-awaited Anti-Monopoly Law will become effective in one month. But lawyers are demanding that the government clean up some serious flaws and ambiguities in the draft mergers and acquisitions regulations.
China’s Leading Lawyers
How do the Leading Lawyer nominations reflect the evolution of the legal system in China? China Law & Practice takes a closer look at the results, and speaks to the nominees about their areas of expertise. Hear from the experts what the future holds for China law.
China’s New Judicial Interpretation on the Company Law – A Step Toward Systemized Corporate Exit Mechanisms
On May 12, 2008 the Supreme People’s Court promulgated the Interpretation of Some Issues regarding the Application of the PRC Company Law, which became effective on May 19, 2008. The new interpretation provides guidelines on the application of Chapter 10 of the Company Law on dissolution and liquidation of companies incorporated in China, including foreign invested enterprises and domestically owned companies, both limited liability companies and joint stock companies.
See the full text translation
Refuse-Derived Fuel Projects in China from a Legal Perspective
Refuse-derived fuel is a source of renewable energy that is being increasingly utilised in developed countries. The aim of this article is to describe the legal framework governing this area of Chinese environmental law in an effort to give some insights that are useful for the prospective economic assessment of RDF projects by foreign investors.
Arbitrating Chinese Domestic Disputes
Despite some remaining flaws, arbitration is still the preferred method of dispute resolution for investors in China. This is not only due to the generally applicable advantages of arbitration over litigation but is also linked to the particularities of the Chinese legal system. However, these particularities should be carefully taken into account when drafting the arbitration clause in a contract involving a Chinese party, otherwise the arbitral process could lead to an unenforceable and useless award.
IP Procurement, Counseling and Enforcement: A 10-Point Patent Checklist
At an event co-sponsored by Foley & Lardner LLP and Asia Law & Practice, “China’s Innovation Boom: Doing Business and Achieving Growth in China”, Foley attorneys addressed effective strategies to obtain, protect, and enforce IPR.
The Future of Real Estate & Construction in China
The real estate and construction industry is one that has gone through many changes recently, and the government has made various attempts to control certain aspects of it with changes to the regulatory environment. Will investment in China continue in this industry and will the law evolve alongside it, or are new changes imminent? China Law & Practice takes a closer look at the field, what the lawyers have to say, and what the future will bring for China.
Ministry of Finance and China Securities Regulatory Commission, Circular on Administrative Issues Relevant to Asset Appraisal Firms that Engage in Securities and Futures-related Business
财政部、中国证券监督管理委员会关于从事证券期货相关业务的资产评估机构有关管理问题的通知
Standards of asset appraisal firms controlled to protect the securities market.
Supreme People’s Court, Provisions on Several Issues Concerning the Application of the (PRC Company Law) (2)
最高人民法院关于适用《中华人民共和国公司法》若干问题的规定 (二)
Shareholder right to dissolve the company clarified.
Supreme People’s Procuratorate and Ministry of Public Security, Supplementary Provisions on the Standards for Pursuing Cases of Economic Crime
最高人民检察院、公安部关于经济犯罪案件追诉标准的补充规定
Clearer standards to deal with securities-related crimes.
Ministry of Environmental Protection, Opinion on Strengthening the Prevention and Treatment of Soil Pollution
环境保护部关于加强土壤污染防治工作的意见
China to combat soil pollution.
China Securities Regulatory Commission, Opinion on the Application of Securities and Futures Laws No.3: Opinion on the Application of the Provision “No Major Change Shall Have Occurred in the Issuer’s Core Business During the Most Recent Three Years” of Article 12 of the (Measures for the Administration of Initial Public Offerings of Shares and the Listing Thereof)
中国证券监督管理委员会《首次公开发行股票并上市管理办法》第十二条发行人最近3年内主营业务没有发生重大变化的适用意见 - 证券期货法律适用意见第3号
IPOs not allowed within a year of thorough reorganization.
China Securities Regulatory Commission, Provisions on Issues Relevant to Regulatory Opinions for Initial Public Offerings of Shares and the Listing Thereof by Securities Companies
中国证券监督管理委员会关于证券公司申请首次公开发行股票并上市监管意见书有关问题的规定
Ice-breaking provisions for IPOs of securities companies.
China Securities Regulatory Commission, Provisions for the Regulation of Branches of Securities Companies (Trial Implementation)
中国证券监督管理委员会证券公司分公司监管规定 (试行)
Restrictions set on securities companies’ business scope.
China Securities Regulatory Commission, Provisions on Issues Relevant to the Regulation of Controlling Interests and Equity Interests in Futures Companies
中国证券监督管理委员会关于规范控股、参股期货公司有关问题的规定
CSRC harnesses equity interests in futures companies.
General Office of the China Banking Regulatory Commission, Circular on Issues Relevant to the Engagement in Foreign Exchange Margin Trading by Banking Financial Institutions
中国银行业监督管理委员会办公厅关于银行业金融机构开办外汇保证金交易有关问题的通知
The CBRC puts a halt to banks’ forex margin trading.
State Council, Regulations for the Oversight of Securities Companies
国务院证券公司监督管理条例
State Council regulations pave the way for margin trading and short sale of securities.
State Council, Regulations for Handling Risks of Securities Companies
国务院证券公司风险处置条例
Five measures may be taken to handle securities companies at risk.
People's Bank of China, Measures for the Administration of Debt Financing Instruments of Non-financial Enterprises in the Interbank Bond Market
中国人民银行银行间债券市场非金融企业债务融资工具管理办法
Issue of bonds by non-financial enterprises made easier.
Ministry of Finance and the State Administration of Taxation, Circular on Issues Relevant to the Revision of the Rates of Pre-tax Deductions from Individual Income Tax of Family Proprietorships, Wholly Individually-owned Enterprises and Partnerships
财政部、国家税务总局关于调整个体工商户个人独资企业和合伙企业个人所得税税前扣除标准有关问题的通知
The rate for pe-tax deduction of expenses for individual investors of partnerships raised.
State Administration of Taxation, Circular on the Deed Duty Policy on the Acceptance of the Assets of the Parent Company by its Wholly-owned Subsidiary
国家税务总局关于全资子公司承受母公司资产有关契税政策的通知
Deed duty exempted for internal asset transfer
State Administration of Taxation, Circular on Issues Relevant to Terminating the Implementation of the Policy of Crediting Purchases of Domestically-produced Equipment as Investments by Enterprises Against Enterprise Income Tax
国家税务总局关于停止执行企业购买国产设备投资抵免企业所得税政策问题的通知
Preferential tax policy for purchase of Chinese equipment cancelled.
State Administration of Taxation, Circular on Adding Organizations Entitled to Tax Exemption on Interest to the China-Canada Tax Treaty
国家税务总局关于中国-加拿大税收协定中增列利息免税机构的通知
More organizations allowed to enjoy tax exemption in China and Canada.
Other Recent Legislation for This Month