China Law & Practice

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Tentative Measures for Administration of the Transfer of Insurance Business by Insurance Companies
保险公司保险业务转让管理暂行办法
The Measures set forth the conditions for a transferee of insurance business and the procedure for such transfer.

Circular on Strengthening the Examination, Approval and Administration of Wholly Foreign-owned Shipping Companies
关于加强外商独资船务公司审批管理工作的通知
The Circular liberalises the market entry conditions for, and scope of business of, wholly foreign-owned shipping companies.

Measures for the Administration of Renminbi Settlement Matters Relating to Foreign Direct Investment
外商直接投资人民币结算业务管理办法
These Measures govern the handling of renminbi settlement matters relating to foreign direct investment by banks.

Circular on Issues Relevant to Cross-border Direct Investment in Renminbi
关于跨境人民币直接投资有关问题的通知
The Circular lists the circumstances under which cross-border direct investments in renminbi shall be submitted to the Ministry of Commerce for review.

Measures for the Administration of Certification Institutions
认证机构管理办法
The Measures set out the conditions for establishment of certification institutions by foreign investors, the examination and approval procedures thereof and the code of conduct of certification institutions.

Features

Restoring confidence: Strengthening the regulatory system for PRC firms listing overseas
Recently Chinese companies listed overseas have been experiencing a credibility and credit crisis after revelations of accounting fraud. One solution is to improve the formation of a regulatory system

Get the facts on fraud prevention and detection
In the wake of the fraud scandals of Chinese companies listed in the US, CLP spoke to Kroll managing director and leader of its Greater China Financial Investigations practice, Colum Bancroft to learn more about how companies can mitigate the risk of falling victim to fraudulent activities.

Fortifying the antitrust framework
Mofcom brings an improved regulatory system with its first guideline for antitrust reviews of concentrations. Foreign investors should take note of the public interest aspect the new rules consider when assessing competitive effects

Web search war: Renren v. Baidu
When an online pharmacy brokering platform accused internet search giant Baidu of tampering with its search results ranking in 2009, it was a case that made headlines and tested the fledgling Anti-monopoly Law. In the wake of the final decision, a provincial high court, for the first time, issued a detailed discussion on three key elements of abuse of market dominance disputes

Looking outward: Q&A with State Grid
CLP caught up with State Grid's Chief Legal Officer, Ling Li to discuss her legal team’s function and gain insight on doing outbound transactions

News Analysis

FDI Rmb settlement details released
Increase in cross-border Rmb investments expected

New e-commerce rules expected to address market access and IP protection
Online businesses operating in a legal limbo

Legislation Digest

China Banking Regulatory Commission, Measures for the Administration of the Sale of Wealth Management Products of Commercial Banks
中国银行业监督管理委员会商业银行理财产品销售管理办法
Assessment of the risk bearing capacities of customers required for the sale of wealth management products of banks.

State Administration of Foreign Exchange, State Administration of Taxation and General Administration of Customs, Announcement on the Pilot Reform of the Foreign Exchange Control System for Trade in Goods
国家外汇管理局、国家税务总局、海关总署关于货物贸易外汇管理制度改革试点的公告
Export foreign exchange procedures streamlined.

People’s Bank of China, Measures for the Administration of Renminbi Settlement Matters Relating to Foreign Direct Investment
中国人民银行外商直接投资人民币结算业务管理办法
More outbound cross-border Rmb investments expected from FDI earnings.

Ministry of Commerce, Circular on Issues Relevant to Cross-border Direct Investment in Renminbi
商务部关于跨境人民币直接投资有关问题的通知
FDI in Rmb officially allowed.

China Insurance Regulatory Commission, Tentative Measures for Administration of the Transfer of Insurance Business by Insurance Companies
中国保险监督管理委员会保险公司保险业务转让管理暂行办法
Exit mechanism created for insurance companies.

China Insurance Regulatory Commission, Measures for the Administration of the Anti-money Laundering Work in the Insurance Industry
中国保险监督管理委员会保险业反洗钱工作管理办法
New anti-money laundering measures prohibit equity investment from unlawful fund sources.

China Insurance Regulatory Commission, Measures for the Administration of Subordinated Debt with Fixed Term of Insurance Companies
中国保险监督管理委员会保险公司次级定期债务管理办法
Issue of subordinated debt with fixed term by insurance companies tightened.

China Insurance Regulatory Commission, Measures for the Regulation of insurance Intermediary Service Group Companies (Trial Implementation)
中国保险监督管理委员会保险中介服务集团公司监管办法 (试行)
CIRC sets entry thresholds for insurance intermediary companies.

China Securities Regulatory Commission, Provisions for the Establishment of Management Systems for the Registration of Persons Who Have Knowledge of Insider Information by Listed Companies
中国证券监督管理委员会关于上市公司建立内幕信息知情人登记管理制度的规定
Listed companies required to set up files of persons with insider information.

Ministry of Transport, Circular on Strengthening the Examination, Approval and Administration of Wholly Foreign-owned Shipping Companies
交通运输部关于加强外商独资船务公司审批管理工作的通知
Foreign shipping firms allowed to set up WFOEs in China.

General Administration of Quality Supervision, Inspection and Quarantine, Measures for the Administration of Certification Institutions
国家质量监督检验检疫总局认证机构管理办法
Regulation of certification institutions strengthened.

State Council, PRC Regulations for the Exploitation of Offshore Oil Resources in Cooperation with Foreign Parties (3rd Revision)
国务院中华人民共和国对外合作开采海洋石油资源条例 (第三次修订)
Offshore oil exploitation pays resource tax.

State Council, PRC Regulations for the Exploitation of Onshore Oil Resources in Cooperation with Foreign Parties (3rd Revision)
国务院中华人民共和国对外合作开采陆上石油资源条例 (第三次修订)
Onshore oil exploitation pays resource tax.

Other Recent Legislation for This Month

China Law & Practice Events

IFLR India Outbound Investment Forum 2012
05 July 2012
Location: Mumbai