Recently released judicial interpretations from the Supreme People's Court of China further clarify a number of uncertainties often faced by Chinese companies (including foreign-invested enterprises), their shareholders and creditors in common disputes related to establishment, capital contribution and shareholder rights
Recently released judicial interpretations from the Supreme People's Court of China further clarify a number of uncertainties often faced by Chinese companies (including foreign-invested enterprises), their shareholders and creditors in common disputes related to establishment, capital contribution and shareholder rights
Two specialists provide advice on what issues to be aware of and what precautions to take when considering sourcing from the PRC.
A recent notice provides clarity on what activities of a Permanent Establishment are subject to taxation. This should prompt foreign businesses to re-evaluate their set-up structure
New regulation provides details on review procedure
A recent opinion clarifies issues of jurisdiction, evidence, and definition in criminal cases involving intellectual property. However, the new rules can only be effective if authorities maintain and enhance their enforcement efforts
Last year, the PRC Supreme People's Court adopted a consistent approach to conflicts involving the establishment and modification of foreign-invested enterprises. However, uncertainties remain on various issues of remedies and dormant shareholders
Buying a state-owned enterprise can be a challenging ordeal for a foreign acquirer. To navigate the auction process successfully, a bidder must understand how it is structured and devise a strategy
Instead of easing difficulties, recent tax reforms have increased the tax liabilities and burdens of enterprises providing consulting services
The release of several recent private equity-related regulations indicates the government's encouragement for increased foreign participation in this space. Shanghai's new Pilot Measures provide several new fund structures for offshore investors, but in order to advance the PE market regulators need to provide more guidance to address other challenges like fund-raising, partnership asset transfers, exits and taxes