The fifth and final installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law.
Foreign investors seeking to exit from their existing foreign invested enterprises (FIEs)...more
The second installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law.
The two current models of foreign loans for Foreign Invested Enterprises reflect the Chinese...more
The fourth installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law.
China’s new Foreign Investment Law and its implementation regulations contain explicit provisions...more
The third installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law.
There are major differences in the requirements on corporate governance and decision-making...more
7/28/2020
/ Board of Directors ,
Capital Contributions ,
China ,
Company Law ,
Corporate Governance ,
Foreign Investment ,
Joint Venture ,
Minority Shareholders ,
Profit Sharing ,
Shareholders ,
Voting Rights
The first installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law.
The law institutes new reporting requirements for foreign investors....more
This series of alerts focuses on practical issues relating to China’s new Foreign Investment Law, which came into effect at the beginning of 2020.
A single new law now encompasses the three business forms that foreign...more
The PRC issues a 1,260-article, comprehensive Civil Code covering all aspects of civil and business life in China. It becomes effective on January 1, 2021.
China has passed its first-ever Civil Code, which will come into...more
6/17/2020
/ China ,
Civil Code ,
Contract Termination ,
E-Commerce ,
Environmental Policies ,
Factoring ,
Force Majeure Clause ,
Foreign Investment ,
Inheritance ,
Judicial Interpretation ,
Mortgages ,
Partnerships ,
Personal Data ,
Property Management Companies ,
Sexual Harassment
If past crises are any guide, public outcry for accountability, media attention and vigorous enforcement is likely in the wake of the pandemic.
Corruption, fraud and money laundering are ever-present risks during the...more
On March 6, 2020, the State Administration of Market Regulation of the People’s Republic of China (PRC) and the Standardization Administration of the PRC published an updated version of the “Information security...more
Despite a decline in new cases of the COVID-19 coronavirus transmitted within China, authorities are carefully screening international travelers and collecting personal information from them.
Authorized Chinese government...more
Amid stark slowdown in output growth and trade disputes with U.S., PRC authorities speed up issuance of legislation to encourage investment from abroad.
Law affirms equal legal standing of foreign-backed enterprises and...more
On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (China) promulgated the 7th updated version of the Catalogue of Industries for...more
On February 22, 2017, draft amendments (the 2017 Draft Amendments) to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of China (PRC) were submitted to the Standing Committee of the National People’s Congress...more
On November 7, 2016, the Standing Committee of the National People’s Congress (NPC) of the People’s Republic of China (PRC) passed the final Cybersecurity Law (CSL) after three rounds of review by the NPC since June 2015....more
12/15/2016
/ China ,
Confidentiality Policies ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Foreign Investment Entities (FIEs) ,
International Data Transfers ,
Networks ,
Personal Data ,
Popular ,
Private Sector ,
Publicly-Traded Companies
Under the current company registration procedures of the People’s Republic of China, before undertaking the approval and/or registration procedures for establishing a company, the investor(s) of a new company must first file...more
In order to implement the State Counsel’s decision issued on September 3, 2016 (State Counsel’s Decision), which simplifies the original substantive review and approval process (Approval System) to a new simple filing system...more
10/21/2016
/ China ,
Domestic Corporations ,
Filing Requirements ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Investment Entities (FIEs) ,
Investment Funds ,
MOFCOM ,
Private Equity ,
SAIC ,
Takeovers
As of October 1, 2016, the current substantial examination and approval process required by the approval authorities (Approval Authorities, i.e., the Ministry of Commerce (MOFCOM) or its local counterparts) for the...more
The Ministry of Industry and Information Technology Issues the First Value-Added Telecom Services License to an E-Commerce Wholly Foreign Owned Enterprise.
Background -
Historically, foreign investors were...more
On May 22, 2015, the National Development and Reform Commission (the NDRC) of China promulgated a notice (the Pricing Investigation Notice) announcing that it would carry out a nationwide drug pricing investigation on...more
On April 28, 2016, the 20th meeting of the 12th Standing Committee of the National People's Congress (NPC) of China approved The Law on the Administration of Activities by Foreign Non-Governmental Organizations within the...more
Recently, the Legal Affairs Office of the State Council released draft amendments (Draft Amendments) to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of China (PRC) for public comments. The Draft Amendments...more
4/25/2016
/ Anti-Corruption ,
Books & Records ,
Bribery ,
China ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Penalties ,
Proposed Amendments ,
Public Comment ,
Public Sector ,
SAIC ,
Third-Party ,
Unfair Competition
The United Nations and United States recently took significant new steps to expand sanctions on North Korea, with implications for international banking; shipping and port activities; air transport; energy and mining sectors;...more
The United Nations and United States recently took significant new steps to expand sanctions on North Korea, with implications for international banking; shipping and port activities; air transport; energy and mining sectors;...more
4/4/2016
/ Censorship ,
Economic Sanctions ,
Embargo ,
Executive Orders ,
Human Rights ,
International Finance ,
North Korea ,
Oil & Gas ,
Shipping ,
U.S. Treasury ,
UN Security Council
China’s current leadership has attached significant attention to network security, which is deemed to be a core aspect of national security. In early 2014, China’s President, Xi Jinping, who is also the head of the Office for...more
On June 19, 2015, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated a new policy, Opinions on Lifting Restrictions on the Foreign Equity Ratio for Online Data Processing and Transaction Processing...more