Special Provisions for the Work Protection of Female Employees
Maternity leave of female workers is now extended from 90 days to 98 days (14 weeks).
Circular on Issues Relevant to the Pricing of New Share Offerings
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)
Share issuers and lead underwriters allowed to determine share pricing through negotiation between themselves.
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?
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
Ministry of Land and Resources, Measures for the Disposal of Idle Land (Revised)
A charge of 20% of the land grant or allocation fee to be imposed on land left idle for a year.