Features & Analyses

• Validity of Pre-IPO VAM Agreements in China

  Guanglei Zhang and Jinhui Zhang of Jingtian & Gongcheng examine the first decision of a Chinese court in which a secret pre-IPO agreement containing a valuation adjustment mechanism based on stock market price was declared invalid.

  December 12, 2022

  

• The Hong Kong Limited Partnership Fund — An Attractive Alternative During an Economic Downturn

  Geoffrey Chan, Sophie Xue, and Nicholas Poon of Skadden, Arps, Slate, Meagher & Flom examine how the Hong Kong Limited Partnership Fund, which serves as a cost and tax efficient vehicle for private equity transactions, could become a popular alternative to traditional offshore fund structures for PE investments and fundraising in Greater China

  December 02, 2022

  

• New Pre-Tax Reduction Policies Supporting Enterprise Innovation

  Daisy Duan and Sara Shi of King & Wood Mallesons review newly introduced regulations supporting pre-tax deductions for enterprise innovation in science and technology in China including recommended action to take advantage of these new tax preferential policies.

  November 11, 2022

  

• A Brief Guide to Listing Swiss Global Depository Receipts

  Christina Lee, Wang Hang, Dr. Matthias Courvoisier and Daisy Chen of Baker McKenzie and Stella Hu of FenXun Partners highlight the requirements, framework and benefits for listing global depository receipts (GDRs) on the SIX Swiss Exchange and discuss how it differs from the London Connect.

  November 07, 2022

  

• The US Is About to Increase Its Investment Controls. Will China Deal Lawyers Feel More Pain?

  A recent executive order issued by U.S. President Joe Biden heightened the level of scrutiny of inbound deals in certain sensitive industries. And now the U.S. is weighing legislation that calls for a "reverse CFIUS," which will add government scrutiny to outbound transactions.

  October 30, 2022

  

• Key Concerns for Foreign Capital Raising PRC Insurance Funds Overseas

  In the second part of this series, Ivan Jin, Allen Liu, Bella Cao and Huppert Hu of Merits & Tree Law Offices look at the ever-expanding opportunities for cooperation between insurance companies and foreign investors amidst a complex regulatory landscape

  October 28, 2022

  

• Key Concerns for Foreign Capital Entering the PRC Insurance Funds Market

  In the first part of a two-part series, Ivan Jin, Allen Liu, Bella Cao and Huppert Hu of Merits & Tree Law Offices explain how foreign capital and Chinese insurance funds can aim to "dance with harmony" in China's private equity market, as they navigate multiple regulatory and practical challenges

  October 21, 2022

  

• A U.S. Exit Strategy

  As the relationship between the U.S. and China has deteriorated, an increasing number of Chinese companies are ending their U.S.-based operations. Derek Liu, Rod Hunter and Howard Wu of Baker McKenzie set out some guidance for those heading down that path

  October 14, 2022

  

• Frequently Asked Questions on Cybersecurity and Data Law in China

  Casper Sek, Partner at Jingtian & Gongcheng, answers some frequently asked questions asked by foreign companies seeking to navigate China's cybersecurity and data laws

  September 30, 2022

  

• The Supreme People's Court's First Patent Linkage Decision

  The Supreme People's Court has made a ruling in what has become China's first patent linkage case. Fang Qi and Danlei Wu of Fangda Partners examine the potentially far-reaching implications of this significant decision

  September 23, 2022