Banking and Finance Laws

• People's Bank of China and State Administration of Foreign Exchange, Provisions for the Administration of the Funds Invested by Foreign Institutional Investors in Domestic Securities and Futures

  中国人民银行、国家外汇管理局境外机构投资者境内证券期货投资资金管理规定

  A QFII may select at its own discretion the currency it remits inwards to invest in domestic securities or futures

  August 16, 2024

• In the News: Adidas' Alleged China Bribery; Alternative Chinese Fund Raising from US Convertibles; and EU EV Tariffs

  Alleged receiving of kickbacks by senior executives in China could subject Adidas to Chinese, as well as German and U.S. investigations; U.S. convertible bond market is used to raise funds by Chinese big tech amid IPO restrictions; and EU tariffs may lead to localization of Chinese EV production.

  June 21, 2024

  

• National Financial Regulatory Administration, Measures for Administration of the Security of the Data of Banking and Insurance Institutions (Draft for Comments)

  国家金融监督管理总局银行保险机构数据安全管理办法 (征求意见稿)

  Measures are laid out for handling of sensitive data by banking and insurance institutions

  April 12, 2024

• In the News: US Tech Restrictions; Syndicated Loan Reform; and China SPAC Merger

  U.S. expands its ban on forced labor and restricts domestic companies from supplying Chinese microchip factories; NFRA publishes draft measures designed to improve loan syndication in China and align with international standards; and Chinese EV company CH Auto Technology merges with a Delaware SPAC company.

  April 03, 2024

  

• The NFRA's Steering of Domestic Financial Institutions in 2024

  As the first anniversary of the National Financial Regulatory Administration approaches, Evelyn Song of Tian Yuan Law Firm examines its short but influential history and the ongoing importance of its support for the property sector

  February 19, 2024

  

• General Office of the People's Bank of China and General Office of the National Administration of Financial Regulation, Circular on Duly Carrying Out the Administration of Commercial Property Loans

  中国人民银行办公厅、国家金融监督管理总局办公厅关于做好经营性物业贷款管理的通知

  The limit on a commercial property loan may not exceed 70% of the appraised value of the property

  February 19, 2024

• In the News: US Crackdowns on SPACs; Chinese Companies with Ties to the Military Targeted; and AML to Include Crypto

  The U.S. released new regulations that will bring SPAC disclosure requirements more in line with traditional IPOs; First Chinese VC firm is included in U.S. Defense Department's military-related company list; and China is working on expanding its Anti-Money Laundering Law to cover virtual assets

  February 08, 2024

  

• National Administration of Financial Regulation, Measures for the Administration of Financial Leasing Companies (Draft for Comments)

  国家金融监督管理总局金融租赁公司管理办法 (征求意见稿)

  Total asset requirements of main promoters of financial leasing companies are increased

  January 25, 2024

• Square Pegs in Round Holes: U.S. Investment and Technology Restrictions on Chinese Interests

  In 2023, significant U.S. restrictions were placed on Chinese interests. Charles Wu of Clyde & Co reviews the legislative changes, and offers practical insights into their potential impact, and the path forward in 2024

  January 24, 2024

  

• The Foreign Controls Challenges Facing China M&A

  Current sanctions, the risk of future sanctions, and foreign investment controls are some of the increasingly prominent challenges facing merger & acquisition (M&A) deals involving Chinese parties this year. While there is no universal solution for each transaction, there are still ways parties and lawyers can minimize the risk of problems arising.

  January 14, 2024