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Case Study on the Decision of the Supreme People’s Court with respect to Shareholding Entrustment in Insurance Companies
Case Study on the Decision of the Supreme People’s Court with respect to Shareholding Entrustment in Insurance Companies
It is reported in the People’s Court Daily, issued by the Supreme People’s Court (hereinafter referred to as “Supreme People’s Court“) on 25 April 2018, that the the 3rd Circuit Court of the Supreme People’s Court ...
Wang Fengli, Yuan Min, Li Wenqiang and Guo Haizhen 金杜律师事务所 2020-11-17 0 23
China’s NDRC Issued Answers to FAQs on Outbound Investment, Clarifying the Application Scope of Sensitive Projects
China’s NDRC Issued Answers to FAQs on Outbound Investment, Clarifying the Application Scope of Sensitive Projects
In June 2018, the National Development and Reform Commission (“NDRC”) released the Answers to Frequently Asked Questions Concerning Outbound Investment by Enterprises (“Answers to FAQs”) on its official website, providing clar...
Wang Kaiding, Huang Mengting and Tang Xinran 金杜律师事务所 2020-11-10 0 22
How should Chinese banks effectively manage, enforce and restructure their non-performing loans?
How should Chinese banks effectively manage, enforce and restructure their non-performing loans?
As the Chinese economy enters the “new normal”, the Chinese government has been adjusting its industrial and credit-related policies and strengthening regulation of Chinese financial institutions. A large number of non-performing loans (NPLs) as well...
Feng Ma, Andrew Deszcz, David Lam, Molly Su and Andrew Fei 金杜律师事务所 2020-11-10 1 32
Global M&A: Know the differences btw PRC & foreign law contracts
Global M&A: Know the differences btw PRC & foreign law contracts
In cross border transactions, there is sometimes a misconception amongst both PRC and foreign parties that all contracts are by and large the same, whether governed by PRC law or foreign law, and that the key to a good contract is just proper draftin...
Yong Kaichang and Jackie(Jiahe) Yu 金杜律师事务所 2020-11-10 1 24
How to Remove a Company from the EAR Controlled Entity List
How to Remove a Company from the EAR Controlled Entity List
On August 1, 2018, the Bureau of Industry and Security issued a rule amending the Export Administration Regulations (“EAR”) by adding forty-four Chinese entities to the Entity List. Placement on the Entity List signifies that the End-User...
Laura Luo and Thomas Hsieh 金杜律师事务所 2020-11-10 1 25
Direct Bank: Opportunities and Challenges
Direct Bank: Opportunities and Challenges
At the beginning of the Chinese New Year, the People’s Bank of China (the “PBOC“) issued an order (PBOC Order [2019] No.1) and a notice (Notice on Canceling the Corporate Bank Account Permit, Yin Fa [2019] No.41, “Notice No.41...
Chen Yun and Wang Rong 金杜律师事务所 2020-11-09 1 43
Q&A | 10 Questions About the Corporate Social Credit System
Q&A | 10 Questions About the Corporate Social Credit System
On July 9, 2019, the General Office of the State Council issued the Guiding Opinions on Accelerating the Construction of a Social Credit System and Building up a New Credit-Based Regulatory Mechanism (the “Guiding Opinions “), for the purposes of str...
Susan Ning and Wu Han 金杜律师事务所 2020-11-02 1 56
Mutual Fund Investment Consulting Business Comes
Mutual Fund Investment Consulting Business Comes
At the end of October, 2019, the Department of Fund and Intermediary Supervision of the China Securities Regulatory Commission (“CSRC”) promulgated the Notice on the Pilot Implementation of the Public Offered Mutual Fund Investment Consulting Busines...
Chen Yun and Wang Rong 金杜律师事务所 2020-10-29 1 54
Implementing Regulation for Foreign Investment Law heralding a New Era of Foreign Investment Regime in China
Implementing Regulation for Foreign Investment Law heralding a New Era of Foreign Investment Regime in China
On December 31, 2019, the State Council of China published the Implementing Regulation for the Foreign Investment Law of the PRC (the “FIL Implementing Regulation”). The FIL Implementing Regulation, together with the Foreign Investment La...
Xu Ping, Yao Lijuan, Feng Caihong, Yao Ping and Zhu Jiancheng 金杜律师事务所 2020-10-20 0 64
Foreign Institutions’ Participation in the Wealth Management Business Encouraged by the CBIRC in Various Aspects
Foreign Institutions’ Participation in the Wealth Management Business Encouraged by the CBIRC in Various Aspects
On January 3, 2020, the China Banking and Insurance Regulatory Commission (the “CBIRC”) published the Guiding Opinions on Promoting the High-Quality Development of the Banking and Insurance Industries. The Guiding Opinions encourage forei...
Chen Yun and Wang Rong 金杜律师事务所 2020-10-20 0 71
How to Do Anti-Monopoly Compliance in the Coming Year? The Shanghai Anti-Monopoly Compliance Guide for Undertakings May Come in Handy
How to Do Anti-Monopoly Compliance in the Coming Year? The Shanghai Anti-Monopoly Compliance Guide for Undertakings May Come in Handy
Corporate compliance is not a new topic. Throughout the law enforcement practices in various jurisdictions, it is evident that a comprehensive setup of corporate compliance system not only helps undertakings respond correctly and proactively when bei...
Susan (Xuanfeng) Ning, Zhifeng Chai, Tianjie Zhang and Shisun Wang 金杜律师事务所 2020-10-20 0 83
Opening-up Policies in the Banking Industry Widely Implemented
Opening-up Policies in the Banking Industry Widely Implemented
After the promulgation of the amended Regulations of the PRC on the Administration of Foreign Funded Banks (the “Administration Regulations“) by the State Council on 30 September 2019 and the amended Implementation Rules of the Regulation...
Chen Yun, Wang Rong and Zhang Yushi 金杜律师事务所 2020-10-20 0 60
2019 China Tax Review
2019 China Tax Review
This article reviews and highlights the new individual income tax rules and major tax rules issued in 2019, which may impact on foreign companies doing business in China. The PRC Individual Income Tax Law (IIT Law) and its Implementing Regulations we...
Daisy Duan and Cao Linlin 金杜律师事务所 2020-10-20 0 61
China’s Anti-Monopoly Law Enters its Second Decade
China’s Anti-Monopoly Law Enters its Second Decade
The year 2019 marks the first complete year of enforcement for the Anti-Monopoly Bureau of State Administration for Market Regulation (“SAMR”)’s since its establishment as well as the start of the second decade of the Anti-Monopoly ...
Cheng Liu, Audrey Li, Yun Bi, Shenglan Liu, Lushen Hong and Jeff Liu 金杜律师事务所 2020-10-20 0 72
China Releases Big Plan for Autonomous Vehicles
China Releases Big Plan for Autonomous Vehicles
The world’s auto market is in the doldrums and China, as the world’s largest auto market, has suffered almost two-years of starkly declining sales and now the novel coronavirus (COVID-19) epidemic has crashed the already anemic sales. The...
Mark Schaub and Atticus Zhao 金杜律师事务所 2020-10-20 0 49
China’s NPL market: implications of the China-U.S. Trade Deal
China’s NPL market: implications of the China-U.S. Trade Deal
Foreign investors continue to show strong interest in accessing China’s growing market for non-performing loans (NPLs). So much so that the recent China-U.S. Phase One Trade Deal includes a commitment by China to further open up its NPL market ...
Anne-Marie Neagle Richard Mazzochi Andrew Fei and Stella Xiaoxue Wang 金杜律师事务所 2020-10-20 0 59
Chinese Update – U.S. Listed Chinese Companies and the Holding Foreign Companies Accountable Act
Chinese Update – U.S. Listed Chinese Companies and the Holding Foreign Companies Accountable Act
On May 21, 2020, the United States Senate passed the Holding Foreign Companies Accountable Act (the “Bill”) with unanimous consent. If it becomes law, the Bill would apply to Chinese companies, among others, listed on U.S. securities exch...
Handel Lee, Laura Luo and Thomas M. Shoesmith 金杜律师事务所 2020-10-16 0 70
Why not Use the Time of Telework to Amend the AOA of FIEs?
Why not Use the Time of Telework to Amend the AOA of FIEs?
The Foreign Investment Law of the People’s Republic of China (the “Foreign Investment Law”) that issued last year came into effect on January 1, 2020 together with the supporting Regulations for the Implementation of the Foreign In...
Wu Ye, Kuang Jingting and Tan Lanwei 金杜律师事务所 2020-10-16 0 66
Consultation Paper Issued to Regulate the Commercial Banks’ Online Lending Business
Consultation Paper Issued to Regulate the Commercial Banks’ Online Lending Business
With the extensive use of the Internet technology, online lending business is booming in recent years. The Interim Measures on the Administration of Personal Loans (the “PL Measures”) and the Interim Measures on the Administration of Working Capital ...
Yu Leimin, Wang Rong and Zhang Yushi 金杜律师事务所 2020-10-16 1 75
Innovations & New Developments of Cybersecurity Review Measures
Innovations & New Developments of Cybersecurity Review Measures
“Throughout the world, it has long been an international trend and common practice to conduct cybersecurity review.” On 27 April 2020, the Cyberspace Administration of China, in conjunction with 11 other government agencies, jointly issue...
Susan Ning, Wu Han, Jiang Ke, Li Yuanshan, Lucia Liu and Zhang Lejian 金杜律师事务所 2020-09-25 0 156
Opportunities for Foreign Credit Funds in China
Opportunities for Foreign Credit Funds in China
Recently, many foreign credit funds have their sights set on the Chinese market. With the further opening-up of the capital account and the Chinese government’s commitment to create a favorable business environment for foreign investment, there are n...
Stanley Zhou, Xiaoxue (Stella) Wang, Andrew Fei and Zhongyun Yi 金杜律师事务所 2020-09-25 0 134
Bargain M&A deals in COVID19 – a guide for CHINESE odi investors
Bargain M&A deals in COVID19 – a guide for CHINESE odi investors
Chinese outbound investment has had its ups and downs in recent years, along with the advancement of the Belt & Road Initiative and suffering a setback with COVID-19. In preparation for a post COVID-19 world, Chinese outbound investors have begun...
Yong Kaichang 金杜律师事务所 2020-09-25 0 157
Latest relaxations in the QFII and RQFII regimes
Latest relaxations in the QFII and RQFII regimes
On 5 May 2020, the People’s Bank of China (“PBOC”) and the State Administration of Foreign Exchange (“SAFE”) issued the Regulations on Fund Administration for Domestic Securities and Futures Investments by Foreign Institutional Investors (“New Regula...
Stanley Zhou, Minny Siu and Richard Mazzochi 金杜律师事务所 2020-09-25 0 145
Consultation Paper Issued to Regulate CB’s Online Lending Biz
Consultation Paper Issued to Regulate CB’s Online Lending Biz
With the extensive use of the Internet technology, online lending business is booming in recent years. The Interim Measures on the Administration of Personal Loans (the “PL Measures”) and the Interim Measures on the Administration of Work...
Yu Leimin, Wang Rong and Zhang Yushi 金杜律师事务所 2020-09-25 0 155
China: Beauty Revolution New Regulations Announced for Cosmetics
China: Beauty Revolution New Regulations Announced for Cosmetics
The cosmetics market in China is growing bigger each year. The Regulations on Hygiene Supervision of Cosmetics (<化妆品卫生监督条例>) (“Current Regulation”) will be replaced by the Regulations on Supervision and Administration of Cosmetics (...
Mark Schaub, Effy Liu, Serena Guo and Tom Shi 金杜律师事务所 2020-09-25 0 162
A Chance to Solve the “VIE Dilemma”!
A Chance to Solve the “VIE Dilemma”!
On July 16, 2020, China’s State Administration for Market Regulation (“SAMR“) cleared the merger filing in relation to the Establishment of a Joint Venture between Shanghai Mingcha Zhegang Management Consulting Co., Ltd. and Huanshe...
Cheng Liu, Yun Bi and Jeff Liu 金杜律师事务所 2020-09-20 0 140
A Regulatory Review of Genetically Modified Organisms in China
A Regulatory Review of Genetically Modified Organisms in China
Transgenic technologies can speed up growth of related varieties, increase yield, and enhance disease resistance and adaptability to the environment. However, the possible impact of transgenic technologies on humans and the ecology is not yet clear, ...
Chen Bing and Dai Enchao 金杜律师事务所 2020-09-20 0 132
Potential Impacts of the Proposed Anti-monopoly Law Amendments
Potential Impacts of the Proposed Anti-monopoly Law Amendments
Since the enforcement of the Anti-Monopoly Law of the People’s Republic of China (“AML”) in 2008, there are many related administrative law enforcement and judicial cases occurred. On the basis of a large number of decisional experi...
Susan Ning, Kate Peng, Chai Zhifeng and Zhang Ruohan 金杜律师事务所 2020-09-20 0 137
Offshore Bond Repurchases: What Issuers Need To Know?
Offshore Bond Repurchases: What Issuers Need To Know?
Recently the trading value of debt securities issued by many corporate issuers within the region, especially privately-owned entities, has significantly declined as a result of the financial market shock caused by the COVID-19 pandemic. This article ...
Hao Zhou, Michael Lu and Jason Kuo 金杜律师事务所 2020-09-20 0 126
Proposed Changes to the Singapore Companies Act – How Does it Affect You as A Chinese Investor?
Proposed Changes to the Singapore Companies Act – How Does it Affect You as A Chinese Investor?
On 20 July 2020, the Accounting and Corporate Regulatory Authority (ACRA) of Singapore published the report of the Companies Act Working Group (CAWG) (Report), wherein the CAWG proposed certain amendments to Singapore’s existing Companies Act (Cap. 5...
Yong Kaizhang 金杜律师事务所 2020-09-20 0 151