China has further clarified tax preferences for high- and new-technology enterprises (HNTEs) in a recent Working Guideline. Applicants that can satisfy tougher and more precise qualification criteria will benefit from clear and objective evaluation procedures, but must be prepared for broad scrutiny of their tax and legal compliance. HNTE status can be lost through business changes including mergers or acquisitions.
China's new Company Law increased possibilities for the adoption of a “preferred stock” structure. Greg L Pickrell and Judy J Deng of Pillsbury Winthrop Shaw Pittman explore the practicality of incorporating the two-class stock structure within China's corporate law doctrines and interplay with other relevant segments of laws.
The revised provisions lower the minimum registered capital of foreign-invested telecommunications enterprises that provide basic telecommunications services.
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.
The Implementing Regulations provide further details to the PRC Employment Contract Law concerning the conclusion of employment contracts, termination and ending of employment contracts, and placement.
Amendments to China's Regulations for the Administration of Foreign-invested Telecommunications Enterprises came into effect in September 2008. The amendments lower capitalisation thresholds for the operation of basic services and make applications simpler. But it is not clear if the new rules will encourage more foreign investment in the telecoms sector.