Measures for the Administration of the Leverage Ratio of Commercial Banks
商业银行杠杆率管理办法
These Measures shall apply to commercial banks established in the PRC, including wholly Chinese-owned banks, wholly foreign-owned banks and Sino-foreign joint venture banks.
Measures for the Record Filing of Patent Licensing Contracts
专利实施许可合同备案办法
Parties shall carry out record filing procedures within three months from the date on which their patent licensing contract entered into effect.
Circular on the Operating Guidelines for Issues Relevant to Requests for Confirmation of Capital Verification Required in the Re-investment of Foreign-invested Companies with an Investment Nature
外商投资性公司再投资所涉验资询证有关问题操作指引的通知
After the foreign-invested company with an investment nature has converted the lawful income derived in China into an increment in registered capital, it may re-invest the same in an enterprise in China.
Measures for the Administration of the Sale of Securities Investment Funds (Revised)
证券投资基金销售管理办法 (修订)
Commercial banks (including foreign-funded banks with legal personality in China), securities companies, securities investment consulting firms, independent Fund sales institutions and other institutions specified by the CSRC may apply to the CSRC for Fund sales business qualifications.
PRC Individual Income Tax Law (6th Revision)
中华人民共和国个人所得税法 (第六次修正)
The new Law raises individual income tax threshold to Rmb3,500.
Crossroads: Anti-monopoly and IP rights
A dynamic area of discussion in the Chinese legal community is the overlap between intellectual property (IP) rights and anti-monopoly rules. Though it remains a grey area of varying opinions without clear legal guidance, IP rights owners need to be aware of developments and protect their interests through careful structuring and strategy
Tianjin pinches its PE rules
As one of China’s preeminent fund formation hub cities, Tianjin is regarded by many industry participants as an influential barometer for other jurisdictions’ private equity-related regulation. The city recently released new measures that enforce stricter supervision on a wide spectrum of fund formation, administrative and operation matters
Rocky road for foreign-invested holding companies
An internal notice from the foreign exchange regulator creates more difficulties for foreign-invested holding companies wanting to reinvest their dividends in China
Antitrust allies
A recent agreement signed between Chinese and US competition agencies aims to bring effective and consistent enforcement, which will bring greater consumer benefits and legal certainty for businesses. However, coordinated enforcement activities are not likely to occur any time soon
Filing patent licensing contracts
New measures set out procedures for registration authority, documentation requirements and the timeframe for the recordation of patent licences in China. Foreign patentees should take note of several administrative points the rules outline
Striving for banking system stability
New measures from China’s banking regulator aim to prevent financial institutions from becoming over-leveraged, and they provide a clear framework on accountability and detailed guidance rules on disclosure
Cooperating with PRC staffing firms
Labour agents and staffing firms play a dynamic function in China’s employment space, however many foreign companies continue to misunderstand the relationship. Understanding the importance of selecting the right partner for your labour needs and knowing how to navigate negotiations are key
Trust companies take the next step
New guidelines from China’s banking authority open up stock index futures trading to trust companies. However, strict restrictions and stringent qualification criteria have drawn mixed reactions from trust players
Dodging service invention disputes
Recent lawsuits involving remuneration claims by inventors who felt slighted by their employers have highlighted an issue companies should take note of
Challenges and success: A Q&A with Foxconn Technology
Helming a team of over 100 lawyers, General Counsel of Foxconn Technology Group (China’s largest private employer), Sterry Fang shares about his department’s structure and its commitment to developing and implementing a “well-being” programme for its employees
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
China Banking Regulatory Commission, Measures for the Administration of the Leverage Ratio of Commercial Banks
中国银行业监督管理委员会商业银行杠杆率管理办法
First set of measures on the leverage ratio of banks.
China Banking Regulatory Commission, Circular on Matters Relevant to Revising the Approval Procedure for the Establishment of Rural Banks
中国银行业监督管理委员会关于调整村镇银行组建核准有关事项的通知
Stricter approval procedures for the establishment of rural banks.
People’s Bank of China, Circular on Clarifying Issues Relevant to Cross-border Renminbi Transactions
中国人民银行关于明确跨境人民币业务相关问题的通知
Pilot Rmb settlement of FDI launched.
Ministry of Industry and Information Technology, National Bureau of Statistics, National Development and Reform Commission and Ministry of Finance, Provisions on the Classification Standards for Small- and Medium-sized Enterprises
工业和信息化部、国家统计局、国家发展和改革委员会、财政部中小企业划型标准规定
Micro-sized enterprises included in new classification.
State Administration of Foreign Exchange, Circular on the Operating Guidelines for Issues Relevant to Requests for Confirmation of Capital Verification Required in the Re-investment of Foreign-invested Companies with an Investment Nature
国家外汇管理局关于外商投资性公司再投资所涉验资询证有关问题操作指引的通知
Holding companies must increase capital before re-investment.
State Intellectual Property Office, Measures for the Record Filing of Patent Licensing Contracts
国家知识产权局专利实施许可合同备案办法
Application procedure for record filing of patent licensing contracts streamlined.
China Securities Regulatory Commission, Measures for the Administration of the Sale of Securities Investment Funds (Revised)
中国证券监督管理委员会证券投资基金销售管理办法（修订）
Foreign banks allowed to sell mutual funds in China.
China Securities Regulatory Commission, Guidelines for Regulation of the Direct Investment Business of Securities Companies
中国证券监督管理委员会证券公司直接投资业务监管指引
Securities brokerages allowed to set up PE funds targeting institutional investors.
China Banking Regulatory Commission, Guidelines on the Participation in Stock Index Futures Trading by Trust Companies
中国银行业监督管理委员会信托公司参与股指期货交易业务指引
Trust companies allowed to trade stock index futures.
Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the «PRC Marriage Law» (3)
最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释（三）
Interpretation deals with property disputes in marriage.
PRC Individual Income Tax Law (6th Revision)
中华人民共和国个人所得税法 (第六次修正)
The new Law raises individual income tax threshold to Rmb3,500.
Other Recent Legislation for This Month