The Trial Provisions for the Issuance of Convertible Bonds by Shareholders of Listed Companies promulgated by the China Securities Regulatory Commission opens a new debt financing channel for cash-hungry shareholders in China's financial market. These Provisions are designed to stabilise the country's stock market and ease oversupply of stocks in the A-share market, as panic sets in about possible dumping of newly freed locked-up shares under the Share Segmentation Reform launched in 2005. By Jiang Jiang, Hylands Law Firm partner
The promulgation of the Provisions for the Administration of the Solvency of Insurance Companies shows just how far China's insurance industry has developed through a regulatory framework which has come about following years of organic development. By Lü Guoming*, Dr. Xu Guojian & Pek-Siang Tee, Boss & Young, Shanghai.
The China Banking Regulatory Commission recently issued guidelines which provide additional legal basis and specific operational guidelines for trust companies in China. By Allen Zhou, Paul, Hastings, Janofsky & Walker partner.
The Provisions for the Administration of Foreign-invested Advertising Enterprises (the Provisions) were promulgated by the State Administration for Industry and Commerce (SAIC) and took effect on October 1. The Provisions replaced the Regulation of Administration of Foreign Invested Advertising Entities and reflects a liberalisation trend that encourages foreign investment in this specialised business sector. By Richard Wageman, DLA Piper, Beijing.
Land prices in China's tier one cities have risen at a terrific rate over recent years as available construction space has been squeezed. In response to this, local Chinese authorities have sought to extract their share of profits – at the time of granting the land use rights to the preferred developer – usually through some form of bidding process. By Thomas Fairley, Norton Rose
Private banking in China only received its baptism in September 2005 with the promulgation of the Interim Administrative Rules on Private Wealth Management Business of Commercial Bank. Some commentators have argued that the monetary threshold for the private wealth management regime is so low that its regulatory ambit covers territory more properly classified as retail banking than true private banking. By Jane Jiang, counsel, Corporate Practice, Allen & Overy Beijing and Fai-hung Cheung, counsel, Banking Practice, Allen & Overy Shanghai
New rules concerning the establishment of local law firms and lawyers' practice have opened the door for partnerships. But limited liability partnership – the type that lawyers had been hoping for – is nowhere to be seen in the rules.
China's Ministry of Commerce has issued two circulars which delegate power and loosen its grip on approving foreign investment into the PRC. Investors in private equity and retail are the biggest benefactors.
China's Ministry of Commerce has issued two circulars which delegate power and loosen its grip on approving foreign investment into the PRC. Investors in private equity and retail are the biggest benefactors.
In July 2008, MOFCOM issued a circular granting provincial-level authorities more leeway in approving foreign investment real estate projects. Lawrence Guo, a partner at Broad & Bright, looks at how the delegation of power will change the playing field.