Corporate Governance

• People's Bank of China, Questions Relevant to Commercial Bank Application for Engaging in Custodian Services for Securities Investments in China of Qualified Foreign Institutional Investors Circular

  中国人民银行关于商业银行申请从事合格境外机构投资者境内证券投资托管业务有关问题的通知

  Issued: December 17 2002Applicability: The Circular shall, mutatis mutandis, apply to mainland branches of banks from Hong Kong, Macao and Taiwan as well…

  January 31, 2003

• Supreme People's Court, The Question of Seeking Recourse Against Other Guarantors by the Guarantor(s) that Has/Have Assumed Guarantee Liability Official Reply

  最高人民法院关于已承担保证责任的保证人向其他保证人行使追偿权问题的批复

  Issued: November 23 2002Main contents: The Official Reply states that the guarantor(s) that has/have assumed the joint and several guarantee liability…

  January 31, 2003

• FIEs, 25% or Less!

  On December 30 2002, the Ministry of Foreign Trade and Economic Cooperation (MOFTEC), the State Administration of Tax (SAT), the State Administration of…

  January 31, 2003

• Several Issues Concerning the Trial of Civil Dispute Cases Relating to Enterprise Restructuring Provisions

  关于审理与企业改制相关的民事纠纷案件若干问题的规定

  A set of provisions which governs the civil dispute cases that arise out of Enterprise Restructuring.

  January 31, 2003

• First Step in the Long March - Year One of China's WTO Accession

  2002 was a banner year for China: it made its WTO debut; enjoyed soaring levels of foreign investment; and basked in the limelight of its successful bids…

  January 31, 2003

• Administration of Foreign-invested International Freight Forwarding Agencies Measures

  外商投资国际货物运输代理企业管理办法

  These provisions regulate foreign-invested enterprises and the administration of International Freight Forwarding Agency Businesses in the PRC.

  January 31, 2003

• Private Investment in Urban Utilities

  On December 27 2002 the Ministry of Construction published its Accelerating the Marketization of the Urban Utilities Industry Opinion (the Opinion) as…

  January 31, 2003

• Plenty of Room to Grow: A Look at China's Business Trust Industry

  Trusts in China have made considerable progress over the past few years. China's trust industry saw several positive developments in 2002, but much remains to be done to create an investment field with widespread appeal.

  January 31, 2003

• Issues Relevant to Strengthening the Administration of the Examination, Approval, Registration, Foreign Exchange Issues and Taxation of Foreign-invested Enterprises Circular

  关于加强外商投资企业审批、登记、外汇及税收管理有关问题的通知

  A circular which servces to strengthen the administration of foreign exchange issues and taxation of Foreign invested Enterprises.

  January 31, 2003

• MOFTEC Delivers: Foreign Majority Ownership Permitted in International Freight Forwarding Companies

  Under new MOFTEC rules, foreign operators can now hold up to 75% ownership in international freight forwarding agency companies in China. The key question for such foreign operators is: how to best structure their operations so as to be in a position to take full advantage when wholly foreign-owned enterprises become available in less than three years' time?

  January 31, 2003