News & Analysis as of

Amendments to PRC Foreign Invested Enterprise Laws

Following the new amendments to the PRC Company Law, China has published a series of conforming amendments to certain existing regulations governing foreign invested entities in China (FIEs) to reflect the reform introduced...more

Move Towards A Chinese FATCA?

Enhanced Reporting Requirements for PRC Residents on Foreign Assets and Transactions - On 9 November 2013, the PRC State Council released the revised reporting requirements for 'PRC residents' in relation to their...more

New PRC Policies on Annual Inspection

On February 19, 2014 the state-level General Administration for Industry and Commerce (the “AIC“) issued a notice to officially cancel the annual inspection for all types of enterprises including domestic entities,...more

China Lowers Market Entry Barriers for Foreign-Invested Telecommunications Businesses Established in Shanghai Free Trade Zone

China has further opened up its value-added telecoms sector, starting with foreign-invested companies established in the new Shanghai Free Trade Zone (“SFTZ”). As reported in our January China Bulletin, the SFTZ offers...more

Ralls Continues to Fight Presidential Divestiture Order Stemming from CFIUS Investigation

Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the...more

Outward Bound

As Chinese companies have matured, they’re eagerly looking to the U.S. as a source for technology innovation, talent and market penetration, says Jackie Liu, a partner in Morrison & Foerster’s San Francisco office. Until...more

The CFIUS Review Process And Foreign Investments

Washington is a town that is filled with secrets – some interesting and others not so interesting. I grew up and have practiced law in Washington, DC. all of my career. ...more

New Rules on Foreign Direct Investment in China

Most foreign direct investment projects will be treated the same as their domestic counterparts with regard to governmental approval requirements under new rules passed by China’s State Council. The move substantially relaxes...more

CFIUS Annual Report Shows Increased Focus on Chinese Investment

The Committee on Foreign Investment in the United States (“CFIUS”), the inter-agency group that conducts national security reviews of foreign acquisitions of U.S. businesses, recently issued its Annual Report to Congress for...more

New Rules on Overseas Investment by Chinese Companies

Chinese companies may be able invest up to US $1 billion overseas without approval of the Chinese government unless the investment is in a sensitive country or industry under new rules passed by China’s State Council in...more

2014—A big year for Circular 698?

This year will mark a half-decade since the release of Circular 698. The confluence of local enforcement and increased exits by off-shore investors may make 2014 its most interesting year....more

CFIUS 2012 Annual Report Reveals Increase in Chinese Filings and Notice Withdrawals

The 2012 Report underscores the continued imperative for foreign investors to consider CFIUS issues when contemplating relevant US acquisitions. The Committee on Foreign Investment in the United States (CFIUS)...more

Dealmaker’s Dish: Corporate Dealmaker Update

The Federal Reserve’s decision to begin tapering its bond buying program is likely to put a dent in M&A activity in 2014 because it will likely lead to higher interest rates, making deal financing more expensive, according to...more

Financial Services Quarterly Report - Fourth Quarter 2013: Widening Distribution Channels for Mutual Funds in China

Prior to 2013, the door to the People’s Republic of China’s domestic mutual fund market was closed to outsiders. Foreign fund managers had only one choice: to team up with local Chinese managers in joint ventures, controlled...more

Letter From China-Interview With Amy Sommers

Ed. Note-this article is one of a continuing series of interviews of thought leaders in FCPA, Bribery Act and anti-corruption/anti-bribery. In this blog post, I interview Amy Sommers, partner in the Shanghai office of K&L...more

Successful Strategies For Doing Business In Asia: China

1. What role does the government of China play in approving and regulating foreign direct investment? In the past, foreign investment in China was highly regulated. However, following China’s entry into WTO a decade...more

Business Forum: Overseas Firms Look To U.S. For IPOs

When China's e-commerce giant Alibaba -- with a valuation that may make it the world's third-largest Internet company behind only Google and Amazon -- made the decision to go public, listing in Hong Kong was its natural first...more

China to Relax the Corporate Registered Capital System and Reform the Annual Inspection Process

The government is moving in a direction to make the corporate formation and supervision process more user-friendly. Two key changes are expected to happen in the near future. The first is the abolishment of the registered...more

Chinese Labor Law in Reform: New Restrictions on Dispatched Worker Model

Multinational companies’ Chinese subsidiaries, known as foreign invested entities or “FIEs,” have two basic options when hiring employees. They can either hire them directly (“Employment Model”), or they can “lease” them from...more

Preliminary Injunctions Now Available for Enforcement of Trade Secrets

One of the most welcome developments in China’s evolving legal landscape this year is a new law that allows owners of trade secrets to obtain preliminary injunctions to stop infringement. Overseas investors have long...more

Chinese Developer Makes Large Footprint in U.S.

We have previously written here on CrunchedCredit about Chinese banks lending in the U.S. With recent news that Chinese state-owned developer Greenland Group has agreed to purchase a 70% stake in Brooklyn’s Atlantic Yards...more

Free Trade Zone—New Frontier for Foreign Investment in China

On September 29, 2013, China launched the mainland’s first free trade zone (FTZ) in Shanghai. The initiative is intended to be a pilot program to provide a blueprint of how China will reform its economic structure. The FTZ is...more

Managing Offshore Holding Companies from China: Recent Case May Suggest Increased Tax Risk

As our readers know, foreign investments into the People’s Republic of China (“PRC”) are typically structured through one or more holding companies domiciled in offshore jurisdictions. Planned and implemented properly, an...more

1066 And All That: Why The International Fight Against Corruption?

If there is one event in history of Western Civilization which could be said to be a true turning point, today is the anniversary of one of the very top echelon. On this date in 1066, William the Conqueror defeated Harold II,...more

Breakthrough Reform? Shanghai’s New Free Trade Zone

China officially launched the China (Shanghai) Pilot Free Trade Zone (the “SHFTZ”) on September 29, 2013 and on the same day published a long-awaited and longer-than-expected “negative list” setting forth industry sectors...more

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