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?
Issued: January 22 2006Main contents: The naming of overseas Chinese-invested enterprises or organizations shall not infringe the rights and interests…
The Measures for the Administration of Internet Electronic Mail Services is the first legislative attempt to address surging internet usage in the PRC through internet email services.
Arising from a specific Municipal Higher People's Court case, the China Insurance Regulatory Commission issued opinions that may be referred to by subsequent judicial decisions.
Issued: February 21 2006Main contents: The Reply clarifies the obligation of truthful disclosure by the proposer. clp reference:3900/06.02.21promulgated:2006-02-21
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.
Issued: February 21 2006Main contents: The Reply clarifies the obligation of truthful disclosure by the proposer. clp reference:3900/06.02.21promulgated:2006-02-21