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Amendment to China’s Company Law (1): Contribution of Capital and Authorized Capital Concept

China’s Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005. On December 29, 2023, the Standing Committee of the National People’s Congress approved a comprehensive...more

China Issues Regulations on Facilitating and Regulating Cross-Border Data Flow

On March 22, 2024, nearly six months after the release of the “draft Provisions on Regulating and Promoting Cross-border Data Transfer” (the “Draft Rules”), the Cybersecurity Administration of China (the “CAC”) formally...more

China Raises Turnover Threshold for Anti-Monopoly Filing in M&A Deals

On January 26, 2024, the State Council of China published the “Regulations of the Filing Threshold for Operators’ Concentration (2024 Revision)” (the “New Filing Threshold”), which took effect on the same day. This amendment...more

Overview of Recent Anti-Corruption Enforcement Actions in the Pharmaceutical Industry in China

On May 8, 2023, the National Health Commission of the People’s Republic of China (the “PRC”), along with 13 other government departments of the PRC, issued the “Key Highlights for Combating Corruption in the Medicine Purchase...more

Regulatory Framework for Privately-Offered Investment Funds in China: Implications and Compliance

This article examines the regulatory framework outlined in the “Regulations on the Supervision and Administration of Privately-Offered Investment Funds” in China. It provides an overview of the new regulations and their...more

China to Establish National Bureau of Data

According to the State Council’s Institutional Reform Plan released on March 7, 2023, the State Council will establish a National Bureau of Data (“NBD”), and it will be administrated by the National Development and Reform...more

Potential Sanctions for Alleged Intellectual Property Theft on the Horizon?

On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more

China Securities Regulatory Commission Issued Proposed Rules on Offshore Listing

On December 24, 2021, China Securities Regulatory Commission (“CSRC”) issued draft rules and measures on the direct and indirect offshore listings of onshore companies for public comments.  The deadline for submitting public...more

Overview on China’s New Draft Measures for Data Cross-border Transfer

On October 29, 2021, the Cyberspace Administration of China (“CAC”) published the Security Assessment Measures of Data Cross-border Transfer (Draft for Comments) (the “New Draft Measures”) for public comments. The New...more

HSR Considerations For Chinese Investors In U.S. Companies 投资美国企业的中国投资者在HSR申报中需要注意的问题

When Chinese investors are considering US targets, it is important to keep in mind the requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). For deals meeting certain thresholds, the HSR Act...more

New Export Control Law: China Strengthens its Regulatory “Great Wall”

Year 2020 definitely is a milestone year for China in building up and strengthening its regulatory legislation in the field of international trade.  Following the Regulations on Unreliable Entity List (“UEL”), the Export...more

Certainties and Uncertainties Under China’s New Unreliable Entity List

On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and...more

Nota Bene Episode 91: China Q3 Check In - Trade Wars, GDP Growth, Pandemic Comparatives, and Hong Kong with Michael Zhang [Audio]

Nota Bene Episode 91: China Q3 Check In - Trade Wars, GDP Growth, Pandemic Comparatives, and Hong Kong with Michael Zhang With tensions between the U.S. and China not likely to de-escalate any time soon, what is likely to...more

Nota Bene Episode 74: Emerging from COVID-19: China Restarts Its Engine with Shanghai’s Michael Zhang [Audio]

As China picks up the pieces following the COVID-19 aftermath, we’re taking a look at how China managed to swiftly bring the crisis under control throughout the country. Is there hope for other countries around the world that...more

3/26/2020  /  China , Coronavirus/COVID-19

Shanghai Pilot Free Trade Zone (PFTZ)

The China (Shanghai) Pilot Free Trade Zone (PFTZ) officially launched on September 29th, granting 25 Chinese and overseas companies licenses to register in the PFTZ on its first day. The General Plan for the PFTZ was...more

China Hands Milk Producers the Largest Anti-Monopoly Violation Fine

On August 7, 2013, the National Development and Reform Commission (“NDRC”) fined six powdered milk companies – five foreign and one Hong Kong-based – RMB668 million (approximately US$109 million) for engaging in...more

Qihoo 360 v. Tencent: A Landmark Decision under China's Anti-Monopoly Law

On March 29, 2013, the Guangdong High People’s Court ruled that Tencent, Inc. (“Tencent”) did not violate China’s Anti-Monopoly Law (“AML”). In the first lawsuit of its kind, Beijing Qihoo Technology Co. Ltd. (“Qihoo”) sued...more

7/23/2013  /  Anti-Competitive , Anti-Monopoly , China
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