Tentative Provisions on Matters Relevant to the Implementation of the System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors
实施外国投资者并购境内企业安全审查制度有关事项的暂行规定
The Provisions detail the security review application procedure for acquisition of domestic enterprises by foreign investors.
Circular on Further Regulating the Development and the Administration by Record Filing of Equity Investment Enterprises in Pilot Areas
关于进一步规范试点地区股权投资企业发展和备案管理工作的通知
The Circular aims to further regulate the administration by record filing of equity investment enterprises in the pilot areas: Tianjin Binhai New Area, Beijing Zhongguancun Science and Technology Park, Wuhan East Lake New Technology Development Zone and the Yangtze Delta.
Measures for Administrative Law Enforcement in Connection with Patents
专利行政执法办法
The Measures set forth provisions on the handling of patent infringement disputes, mediation of patent disputes, as well as investigation and handling of the passing off of patents.
Circular on Issues Relevant to the Administration of Foreign Investment
关于外商投资管理工作有关问题的通知
The Circular lifts and streamlines the examination and approval requirements for certain foreign investment matters.
Clarity for company disputes
Recently released judicial interpretations from the Supreme People’s Court of China further clarify a number of uncertainties often faced by Chinese companies (including foreign-invested enterprises), their shareholders and creditors in common disputes related to establishment, capital contribution and shareholder rights
Conflict management
With a comprehensive mediation regime now established by the government, foreign parties should be aware of how judicial mediation is part of the litigation procedure and that judges can play a dual role over the course of a case
Protection measures
The State Council recently promulgated a new initiative to establish a security review system on domestic M&A activities conducted by foreign parties. This new process officialises an attempt to safeguard key Chinese companies, but will add time and cost burdens to select potential overseas investors
Restructuring first for outbound Chinese M&A
When a PRC industrial company purchased a European chemicals producer, it utilised an advanced acquisition strategy that included a complex debt restructuring. It also had to convince Chinese regulators the strategy was workable
Stopping IP infringement
Two specialists detail what options are available to you when combatting infringers and the first steps you should take
China Banking Regulatory Commission, Circular on Regulating the Use of External Credit Rating by Commercial Banks
中国银行业监督管理委员会关于规范商业银行使用外部信用评级的通知
Banks may not rely solely on external credit rating for granting credit.
Ministry of Commerce, Tentative Provisions on Matters Relevant to the Implementation of the System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors
商务部实施外国投资者并购境内企业安全审查制度有关事项的暂行规定
Mofcom may terminate M&A transactions that affect national security.
Ministry of Commerce, Circular on Issues Relevant to the Administration of Foreign Investment
商务部关于外商投资管理工作有关问题的通知
Mofcom lifts the examination and approval requirement for certain foreign investment matters.
China Insurance Regulatory Commission, Circular on Matters Relevant to Regulating the Provision of Security to External Parties by Insurance Institutions
中国保险监督管理委员会关于规范保险机构对外担保有关事项的通知
Insurance institutions not allowed to provide external security.
State Intellectual Property Office, Measures for Administrative Law Enforcement in Connection with Patents
国家知识产权局专利行政执法办法
Parties to patent infringement cases relieved from burden of proof.
China Securities Regulatory Commission, Opinions on the Application of Securities and Futures Laws No.7: Opinion on the Application of Article 62 of the «Measures for the Administration of the Takeover of Listed Companies» Concerning Listed Companies Facing Serious Financial Difficulties
中国证券监督管理委员会《上市公司收购管理办法》第六十二条有关上市公司严重财务困难的适用意见—证券期货法律适用意见第7号
CSRC gives a definition of a seriously distressed company.
China Securities Regulatory Commission, Opinions on the Application of Securities and Futures Laws No.8: Opinion on the Application of Articles 62 and 63 of the «Measures for the Administration of the Takeover of Listed Companies» Concerning a Coincidence of the Clauses on the Application for an Exemption from Making an Offer
中国证券监督管理委员会《上市公司收购管理办法》第六十二条、 第六十三条有关要约豁免申请的条款发生竞合时的适用意见—证券期货法律适用意见第8号
Acquirers allowed to select their own offer exemption clause in case of a coincidence of clauses.
China Securities Regulatory Commission, Opinions on the Application of Securities and Futures Laws No.9: Opinion on the Application of Article 74 of the «Measures for the Administration of the Takeover of Listed Companies» Concerning the Determination of the Time of Completion of an Acquisition to Increase the Shares Held in a Listed Company Accomplished through Centralised Competitive Trading
中国证券监督管理委员会《上市公司收购管理办法》第七十四条有关通过集中竞价交易方式增持上市公司股份的收购完成时点认定的适用意见—证券期货法律适用意见第9号
Time of completion of an acquisition to increase shareholding clarified.
China Securities Regulatory Commission, Opinions on the Application of Securities and Futures Laws No.11: Opinion on the Application of Article 12 of the «Measures for the Administration of Material Asset Reorganisations by Listed Companies» Concerning the Calculation of Percentages Relating to the Purchase or Sale of the Identical or Related Assets by Listed Companies for a Continuous Period of 12 Months
中国证券监督管理委员会《上市公司重大资产重组管理办法》第十二条上市公司在12个月内连续购买、出售同一或者相关资产的有关比例计算的适用意见—证券期货法律适用意见第11号
Calculation of percentages relating to the purchase or sale of the identical or related assets by listed companies for a continuous period of 12 months clarified.
Ministry of Culture, Tentative Provisions for the Administration of the Culture of the Internet
文化部互联网文化管理暂行规定
Internet game business requires Rmb10 million of registered capital.
General Office of the National Development and Reform Commission, Circular on Further Regulating the Development and the Administration by Record Filing of Equity Investment Enterprises in Pilot Areas
国家发展改革委办公厅关于进一步规范试点地区股权投资企业发展和备案管理工作的通知
First attempt to regulate private equity enterprises nationwide.
Other Recent Legislation for This Month