The Measures for the Administration of Internet Electronic Mail Services is the first legislative attempt to address the surging internet usage in the PRC through stipulations on the provision of internet email services, the provision of access services to internet email service providers (ESPs) and the sending of emails using the internet inside the PRC. Emails containing 'commercial advertisements' are imposed with requirements on labelling, recipient delisting, and recipients' express consent. ESPs were also required to comply with new technical and administrative provisions, breach of which shall attract fines. However, without an express definition of 'spam' and 'advertising', the precise effect of the law remains to be seen.
China's new Company Law has laid a solid foundation for companies to improve their corporate governance, including new provisions granting significant rights to minority investors vis à vis management and controlling shareholders. The new law also grants shareholders the ability to enforce these rights through derivative and direct lawsuits. However, given China's weak enforcement environment and relative inexperience with private lawsuits, is the new law adequate to uphold shareholders' rights?
The Measures for the Administration of Internet Electronic Mail Services is the first legislative attempt to address the surging internet usage in the PRC through stipulations on the provision of internet email services, the provision of access services to internet email service providers (ESPs) and the sending of emails using the internet inside the PRC. Emails containing 'commercial advertisements' are imposed with requirements on labelling, recipient delisting, and recipients' express consent. ESPs were also required to comply with new technical and administrative provisions, breach of which shall attract fines. However, without an express definition of 'spam' and 'advertising', the precise effect of the law remains to be seen.
Chinese domain names have become an important online marketing tool for businesses with a strong presence in China. However, the lack of regulation is a major concern and may lead to website domain name disputes. What options are available to resolve such disputes and how can businesses protect these intellectual property rights?
New PRC legislation encourages and supports a broad range of renewable energy and related products and activities, in pursuit of energy supply diversity and security, environmental protection and sustainable development. Promotion of domestic manufacturing may leave foreign equipment exporters out in the cold, while foreign investors and technology providers stand to benefit from incentives and an expanding market.
Listed companies can apply for implementation of equity incentive measures and establish a comprehensive incentive and regulatory scheme. Listed companies may use its own shares as the subject matter of long-term incentives (including restricted shares and stock options) offered to its directors, supervisors, senior management personnel and other staff and workers. This Measures establish detailed regulations regarding incentive modes, incentive targets, source of shares, incentive amount, grant price and grant period etc.
The Chinese corporate governance regime is increasingly under attack as a hindrance to important economic reforms. China's new Company Law improves corporate governance by introducing fiduciary duties and minority shareholder protection. However, does the new law provide enough protection to safeguard the interests of investors in Chinese companies? What other implications are involved and how will this impact the management of companies in China?
A relief in the restriction of the types of financial products offered by commercial banks broadens and diversifies the personal wealth management services they offer. Permitting banks to offer higher rates than the PBOC rate, and allowing wealth management products other than deposits, banks now enjoy higher competitiveness in the financial industry. The Tentative Measure provides for the relevant administration and risk management rules.
As part of the government's efforts to reform the construction sector, the Ministry of Construction has issued draft provisions on the administration of foreign-invested construction engineering service enterprises. Do these provisions go far enough to encourage greater foreign investment in the sector?
As part of the government's efforts to reform the construction sector, the Ministry of Construction has issued draft provisions on the administration of foreign-invested construction engineering service enterprises. Do these provisions go far enough to encourage greater foreign investment in the sector?