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CLP_editorial CLP_editorial: CSRC cracks down on securities brokerages: http://t.co/L1Zn7HDbEO "The market mechanism is sick"

May 24 2013 06:04 ·  reply ·  retweet ·  favourite
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CLP_editorial CLP_editorial: Read our exclusive interview with Weichai Power on its alliance with Ferrari http://t.co/YZxHkQGNtl #China

May 24 2013 05:59 ·  reply ·  retweet ·  favourite
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CLP_editorial CLP_editorial: Our legislation roundup: highlight is new foreign investment catalogue for #China's regions: http://t.co/sAidp3tKae

May 24 2013 05:58 ·  reply ·  retweet ·  favourite

China question

"How do I terminate an employment contract?"

Magazine

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Full Text Translations


Special Provisions for the Work Protection of Female Employees
女职工劳动保护特别规定

Maternity leave of female workers is now extended from 90 days to 98 days (14 weeks).

Interpretation on Issues Relevant to the Application of the Law in Trials of Disputes over Sales and Purchase Contracts
关于审理买卖合同纠纷案件适用法律问题的解释

Letters of intent and MOUs have legal effect.

Provisions on Issues Relevant to Changes in the Registered Capital or Equity of Futures Companies
关于期货公司变更注册资本或股权有关问题的规定

Green light given again to the approval of foreign investment in futures companies.

Circular on Issues Relevant to the Pricing of New Share Offerings
关于新股发行定价相关问题的通知

An issuer needs to convene a board meeting if the price-earnings ratio of its proposed share price is higher than the industrial average by 25%.

Measures for the Administration of the Offering and Underwriting of Securities (2nd Revision)
证券发行与承销管理办法 (第二次修订)

Share issuers and lead underwriters allowed to determine share pricing through negotiation between themselves.

Features


Foolproof: How to draft commercial contracts

After twelve years of consultation and drafting, the SPC has finally released an Interpretation on sale and purchase contracts, Jessica Fei and Weina Ye provide practical advice on what it means when drafting contracts

Is VAM still a safe option to protect investments?

The valuation adjustment mechanism protects investments through a series of contracts, but a recent court case held a contract void, which has created uncertainty for investors

Foreign investment in healthcare opens

A series of reforms could finally open the country’s tightly controlled and regulated healthcare industry, but what are the potential opportunities and challenges for foreign investors?

Why the Copyright Law could leave software unprotected

For the first time China’s Copyright Law acknowledges reverse engineering, which shows the government’s changing attitude and courts’ readiness to rule on a difficult area of the Law

How to invest in prohibited or restricted industries

While China’s economic reforms have taken the world by storm, many industries remain heavily restricted. Foreign investors do not have much time left to move into these markets through the popular variable interest entity (VIE) structure

Opinion: New Provisions protect female workers

Sexual harassment becomes a legal issue for the first time under new Provisions to protect female employees

China question: Where to invest?

I am looking to set up a factory to manufacture equipment in China. I have heard that the coastal regions have become too expensive and that I should consider inland regions. Is this true? How does the legal framework differ from province to province?

News Analysis


Supreme Court improves workers’ rights

The Supreme People’s Court has published a draft Interpretation that could increase compensation for workers dismissed during appraisals and award compensation for using non-compete agreements

Bright Food buys French wine trader

Bright Food’s second high-profile acquisition of the year has sent the company into the French-wine industry, but Chinese companies still have a lot to learn when it comes to outbound investments

Apple, contracts, trademarks and due diligence: lessons from the Proview dispute

Apple’s infamous dispute with Proview has more to teach foreign investors about contracts and dispute resolution in China than it does about trademark law

Johnson & Johnson’s monopoly dispute

Johnson & Johnson has won its vertical price fixing dispute

MOFCOM fast-tracks anti-monopoly reviews

Classifying M&A transactions on the basis of market share could streamline anti-monopoly reviews

Interview: Why China’s Copyright Law critics are wrong

Ma Xiaogang, managing director of the China Copyright Association, defends changes to the Copyright Law to Janice Qu

Shanghai CIETAC cuts ties with Beijing

The Shanghai sub-commission has published its own rules and declared itself an independent institution

Copyright Administration gives in to musicians

The National Copyright Administration has caved in to the demands of the musicians in its latest Draft to the Law, but key provisions on licensing and software are causing concern

Legislation roundup: Securities, investment funds and press rules

The CSRC has released a draft Circular on securities investments and the Standing Committee of the NPC a new draft of the PRC Securities Investment Funds Law. In addition, new rules may open up the investment of private capital in publishing

China’s new Immigration Law explained

After ten years, the NPC has finally passed an Immigration Law providing a unified platform for managing immigration. China Law & Practice spoke with two leading employment lawyers to determine how the Law will affect immigration policies

Legislation roundup: Labour disputes, beneficial tax owners and debt claims

The SPC has released an Interpretation on the Law during employment disputes and an Official Reply on accepting debt claims from tax arrears of bankrupt enterprises. The State Administration of Taxation also produced an announcement on the beneficial owner in tax agreements.

Why China’s expanding pharma market is still a risky bet

China’s pharmaceutical market is expanding rapidly, but recent policy developments mean multinationals need to rethink their strategy

Legislation roundup: Relaxed investments for insurance companies and evaluations for banks

The China Insurance Regulatory Commission has released a series of regulations relaxing investments with insurance proceeds. The China Banking Regulatory Commission has released a set of guidelines replacing bank performance by deadlines with new criteria.

Strong signals investment in healthcare opening-up

The opening of the first wholly Taiwan-funded hospital in Shanghai last month is a strong signal that the healthcare sector is opening-up to foreign investment, but local policies need to catch-up with national level legislation

Legislation roundup: securities dealers, consumption tax regulations and insurance assets

The China Securities and Regulatory Commission issued Measures for securities investments by QFIIs, lowering the qualification thresholds. China Insurance Regulatory Commission also released Measures forcing insurance companies to set up separate accounts for its assets.

What NAFMII’s asset-backed MTNs mean for securitisation in China

China’s National Association of Financial Market Institutional Investors (NAFMII) has released draft rules for a securitisation instrument for non-financial issuers

Legislation roundup: Employee shares, factoring projects and insurance shareholder restrictions

The China Securities and Regulatory Commission has issued draft Measures allowing employees to enjoy shareholding schemes. The China Insurance and Regulatory Commission has also released Measures disallowing shareholders of insurance companies to sell privately offered bonds to their own company

Interview: Sinopec’s legal counsel speaks out on global ambitions

Zhang Jixing, director general of Sinopec’s legal department, spoke with China Law & Practice on sustainable development, globalisation and pioneering bond deals

Legislation roundup: Asset management, trade forex reforms and interbank bond markets

The CSRC has released Measures opening up the wealth management sector to futures companies, while SAFE has issued an Announcement removing verification procedures of foreign exchange received from exports.

Legislation roundup: Margin trading, stock exchange measures and sexual equality

A securities finance programme launched today will boost margin trading while the Shanghai and Shenzhen stock exchanges have clarified rules on securities lending. Shenzhen has also issued the first regional regulations on sexual equality

Legislation Digests


Ministry of Finance, Measures for the Administration of Allocations by Financial Enterprises to Their Reserves
财政部金融企业准备金计提管理办法

Percentage of allocations to general reserves of financial enterprises raised to 1.5%.

Supreme People’s Court, Interpretation on Issues Relevant to the Application of the Law in Trials of Disputes over Sales and Purchase Contracts
最高人民法院关于审理买卖合同纠纷案件适用法律问题的解释

Letters of intent and MOUs have legal effect.

State Council, Special Provisions for the Work Protection of Female Employees
国务院女职工劳动保护特别规定

Maternity leave for female workers extended from 90 to 98 days.

China Insurance Regulatory Commission, Circular on Matters Relevant to the Offering of Subordinated Convertible Bonds by Listed Insurance Companies
中国保险监督管理委员会关于上市保险公司发行次级可转换债券有关事项的通知

Listed insurance companies and insurance group companies allowed to issue subordinated convertible bonds.

China Insurance Regulatory Commission, Circular on Further Regulating Access to the Insurance Intermediary Market
中国保险监督管理委员会关于进一步规范保险中介市场准入的通知

Market access threshold of insurance intermediaries raised to Rmb50 million.

China Securities Regulatory Commission, Measures for the Administration of the Offering and Underwriting of Securities (2nd Revision)
中国证券监督管理委员会证券发行与承销管理办法 (第二次修订)

Share issuers and lead underwriters allowed to determine share pricing through negotiation between themselves.

Department of Public Offering Supervision and Department of ChiNext Offering Supervision of the China Securities Regulatory Commission, Circular on Issues Relevant to the Pricing of New Share Offerings
中国证券监督管理委员会发行监管部、创业板发行监管部关于新股发行定价相关问题的通知

An IPO P/E ratio should not be higher than the industrial average by 25%.

China Securities Regulatory Commission, Guiding Opinions on Further Intensifying the Reform of the System for Offering of New Shares
中国证券监督管理委员会关于进一步深化新股发行体制改革的指导意见

Transfer of existing shares to offline investors allowed in an IPO of new shares.

China Securities Regulatory Commission, Provisions on Issues Relevant to Changes in the Registered Capital or Equity of Futures Companies
中国证券监督管理委员会关于期货公司变更注册资本或股权有关问题的规定

Green light given again to the approval of foreign investment in futures companies.

Securities Association of China, Measures for the Administration of the Mediation of Securities Disputes (Trial Implementation)
中国证券业协会证券纠纷调解工作管理办法 (试行)

Mediation of securities disputes introduced.

Ministry of Land and Resources, Measures for the Disposal of Idle Land (Revised)
国土资源部闲置土地处置办法 (修订)

A charge of 20% of the land grant or allocation fee to be imposed on land left idle for a year.

China Internet Network Information Center, Implementing Rules for the Registration of Domain Names
中国互联网络信息中心域名注册实施细则

Natural persons allowed to register .cn domain names.

Ministry of Industry and Information Technology, Implementing Opinions on Encouraging and Guiding the Entry of Private Capital into the Telecommunications Industry
工业和信息化部关于鼓励和引导民间资本进入电信业实施意见

Private capital encouraged to enter the basic telecoms operation market through the taking of equity interests.

China Banking Regulatory Commission, Implementing Opinions on Encouraging and Guiding the Entry of Private Capital into the Banking Sector
中国银行业监督管理委员会关于鼓励和引导民间资本进入银行业的实施意见

Minimum shareholding of private investors in rural banks may be lowered to 15%.

Ministry of Railways, Implementing Opinions on Encouraging and Guiding Private Capital to Invest in Railways
铁道部关于鼓励和引导民间资本投资铁路的实施意见

Private capital investment encouraged in railway construction.

Ministry of Transport, Implementing Opinions on Encouraging and Guiding Private Capital to Invest in the Highway and Water Transportation Sectors
交通运输部关于鼓励和引导民间资本投资公路水路交通运输领域的实施意见

Private capital encouraged to develop green transportation.

China Securities Regulatory Commission, Circular on Implementation of the Key Operational Points of the «State Council, Several Opinions on Encouraging and Guiding the Healthy Development of Investments from the Private Sector»
中国证券监督管理委员会关于落实《国务院关于鼓励和引导民间投资健康发展的若干意见》工作要点的通知

Private enterprises encouraged to list overseas.

Ministry of Health, Circular on the Operating Nature of Medical Institutions Established with Non-governmental Capital
卫生部关于社会资本举办医疗机构经营性质的通知

Private investors may establish for-profit or not-for-profit hospitals.

State-owned Assets Supervision and Administration Commission of the State Council, Guiding Opinions on Actively Introducing Private Investment in the Reform and Re-organisation of State-owned Enterprises
国务院国有资产监督管理委员会关于国有企业改制重组中积极引入民间投资的指导意见

Private investors may invest in SOEs with IP rights and land use rights.

Pudong New Area of Shanghai Municipality, Implementing Opinions on Intensifying the Reform and Innovation of the Administration of Industry and Commerce and Further Promoting the Innovation Drive and Transformation Development of Pudong
上海市浦东新区关于深化工商行政管理改革创新进一步推进浦东创新驱动、转型发展的实施意见

FIEs encouraged to invest overseas Rmb funds in Pudong.

China Law & Practice Events

Asialaw Australasia In-house Counsel Summit 2013
14 August 2013
Location: Sydney