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.
Keeping your China operations clean
Foreign companies operating in China face the dual challenge of winning business in a highly competitive environment while at the same time conforming to both domestic and international laws against corruption and fraud. An effective ethics and compliance programme is an essential ingredient of success
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
China makes a renewed commitment to clean energy
China is showing its dedication to the renewable energy sector through amendments to legislation and the creation of incentives for domestic usage, while importation of renewable energy equipment continues to face difficulties
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
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
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
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
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
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
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
Corruption: The topic that’s here to stay
Commitment, energy and the right corporate culture are all needed in order to keep corruption at bay
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
China Banking Regulatory Commission, Guidelines for the Management of Interest Rate Risk in the Banking Book of Commercial Banks
中国银行业监督管理委员会商业银行银行账户利率风险管理指引
Banks told to better assess potential interest rate risk.
Ministry of Commerce, Measures for the Review for Concentrations of Business Operators
商务部经营者集中审查办法
Restrictive conditions may be imposed on a concentration transaction.
Ministry of Commerce, Measures for the Reporting of Concentrations of Business Operators
商务部经营者集中申报办法
Calculation of the business turnover of a business operator in a concentration clarified.
Ministry of Justice, Measures for the Administration of Names of Law Firms
司法部律师事务所名称管理办法
“Lawyers Group” and “Lawyers Alliance” not allowed in law firm names.
State Council, Measures for the Administration of the Establishment of Partnerships in China by Foreign Enterprises or Individuals
国务院外国企业或者个人在中国境内设立合伙企业管理办法
Government takes significant step toward reform of the foreign-invested partnership rules.
State Administration for Industry and Commerce and Ministry of Public Security, Circular on Further Strengthening Administration of the Registration of Resident Representative Offices of Foreign Enterprises
国家工商行政管理总局、公安部关于进一步加强外国企业常驻代表机构登记管理的通知
Number of foreign representatives is limited to four.
Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes
最高人民法院关于审理侵犯专利权纠纷案件应用法律若干问题的解释
SPC Interpretation explains details of the Patent Law.
Ministry of Finance, Ministry of Land and Resources, People’s Bank of China, Ministry of Supervision and National Audit Office, Circular on Further Strengthening the Management of the Revenue and Expenditure of Land Grant
财政部、国土资源部、中国人民银行、监察部、审计署关于进一步加强土地出让收支管
China raises first instalment of land grant to 50% to prohibit hoarding.
State Administration of Taxation, Circular on Strengthening the Administration of Enterprise Income Tax on Income Derived from the Transfer of Equity of Non-tax-resident Enterprises
国家税务总局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
SAT cracks down on tax evasion by non-tax-resident enterprises.
Ministry of Finance and State Administration of Taxation, Circular on Revising the Business Tax Policy for Assignment of Residential Premises of Individuals
财政部、国家税务总局关于调整个人住房转让营业税政策的通知
Preferential tax policy for second-hand residential property sale removed.
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
Beijing allows establishment of PE and VC firms by foreign investors.
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.
Shanghai Municipality, Seven Measures for Providing Convenience in Entry into and Exit from China for Foreign High-level Skilled Personnel and Investors
上海市外国籍高层次人才和投资者7项出入境便利措施
Foreign skilled personnel in Shanghai allowed for a five-year stay.
Other Recent Legislation of this Month