Fujian Province, Implementing Measures for the Work Associated with the Pilot Projects for the Establishment of Representative Offices in Fuzhou and Xiamen by Law Firms from Taiwan
福建省台湾地区律师事务所在福州厦门设立代表机构试点工作实施办法
The Measures set forth the conditions that a law firm from Taiwan shall fulfil when applying to establish a representative office and second representatives in Fuzhou or Xiamen.
Guidelines for the Participation in Stock Index Futures Trading by Qualified Foreign Institutional Investors
合格境外机构投资者参与股指期货交易指引
Qualified foreign institutional investors allowed to trade stock index futures for hedging purposes.
Announcement on Several Issues Concerning the Administration of Income Tax on Non-tax-resident Enterprises
关于非居民企业所得税管理若干问题的公告
The Announcement clarifies six income tax issues of non-tax-resident enterprise including: issue of withholding enterprise income tax on payable but unpaid income and issue of levy of tax on income derived from the assignment of land use rights.
Supreme People's Court, Annual Report on Intellectual Property Cases (2010) (Abstract)
最高人民法院知识产权案件年度报告 (2010) (摘要)
The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.
IP report: Another year wiser
The Supreme People’s Court recently released its annual IP report, clarifying how the law should be interpreted in various disputes and setting a standard for local courts to follow
QFIIs trading on stock index futures
A new law opens up participation in the stock derivative market to qualified foreign institutional investors. However, as landmark as this rule may be, it remains fairly restrictive as regulators cautiously develop the market and seek to manage risks
Turning a blind eye to internationally-awarded interim measures
Foreign investors should consider opting to resolve disputes through Chinese domestic arbitration commissions as there is little chance that PRC courts will recognise or enforce internationally-awarded interim measures
New rules impacting the structuring and trading of loans
Recent regulations introduced by China banking regulators impact how commercial loans are structured and traded. Among other things, interest-only loans are now restricted and certain consent rights are mandated for loan transfers
Legal risks of the VIE Structure
The Variable Equity Interest Structure has become a popular option for domestic companies wishing to list on overseas foreign exchanges. However, the structure is quite risky legally
Recent transfer pricing developments
The tax authority continues to ramp up its manpower for transfer pricing-related audits
Taking equity in an FIE
Two M&A specialists present their views on issues to consider when making an equity acquisition in a foreign-invested enterprise.
Backdoor listings to face tighter scrutiny
Securities regulator raises performance thresholds
China Banking Regulatory Commission, Guiding Opinion on the Implementation of New Regulatory Standards by China’s Banking Sector
中国银行业监督管理委员会关于中国银行业实施新监管标准的指导意见
Banks required to meet capital adequacy ratio requirements of Basel III.
State Administration of Foreign Exchange, Circular on Abolishing and Revising the Examination and Approval Authority and Administrative Measures for Certain Foreign Exchange Transactions on the Capital Account
国家外汇管理局关于取消和调整部分资本项目外汇业务审核权限及管理措施的通知
Safe streamlines foreign exchange approval procedures.
China Insurance Regulatory Commission, Guidelines for Check and Acceptance in Respect of the Commencement of Business of Insurance Companies
中国保险监督管理委员会保险公司开业验收指引
Insurance companies require Rmb200 million to commence business.
China Insurance Regulatory Commission, Circular on Strengthening the Administration of the Underwriting of Agricultural Insurance
中国保险监督管理委员会关于加强农业保险承保管理工作的通知
CIRC strengthens regulation of the agricultural insurance business.
Supreme People’s Court, Annual Report on Intellectual Property Cases (2010) (Abstract)
最高人民法院知识产权案件年度报告 (2010) (摘要)
Design can still be protected under Anti-unfair Competition Law after the patent expires.
China Securities Regulatory Commission, Guidelines for the Participation in Stock Index Futures Trading by Qualified Foreign Institutional Investors
中国证券监督管理委员会合格境外机构投资者参与股指期货交易指引
QFIIs may trade stock index futures only for hedging purposes.
China Securities Regulatory Commission, Rules for Determining the Administrative Liability for Acts of Violation of Information Disclosure Laws
中国证券监督管理委员会信息披露违法行为行政责任认定规则
Sponsors and investment consultants may be liable for disclosure violations.
National Development and Reform Commission, Circular on Duly Carrying out the Delegation of the Authority to Check and Approve Outbound Investment Projects to Lower-level Authorities
国家发展改革委员会关于做好境外投资项目下放核准权限工作的通知
Approval of outbound resources investment project relaxed.
State Administration of Taxation, Announcement on Several Issues Concerning the Administration of Income Tax of Non-tax-resident Enterprises
国家税务总局关于非居民企业所得税管理若干问题的公告
Tax should be withheld from rent income of non-tax-residents without an establishment.
Fujian Province, Implementing Measures for the Work Associated with the Pilot Projects for the Establishment of Representative Offices in Fuzhou and Xiamen by Law Firms from Taiwan
福建省台湾地区律师事务所在福州厦门设立代表机构试点工作实施办法
Taiwan law firms allowed to set up representative offices in Fuzhou and Xiamen.
Shanghai Municipality, Several Opinions on Further Delegating the Authority to Check and Approve Foreign-invested Projects to Lower-level Authorities
上海市关于进一步下放外商投资项目核准权限的若干意见
Biggest delegation of foreign investment approval in Shanghai.
Other Recent Legislation for This Month