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类型 标题 作者/编者 机构 日期 下载量 浏览量
上市公司合规实务丨董事、高管违规对上市公司有何影响?
上市公司合规实务丨董事、高管违规对上市公司有何影响?
根据《公司法》第147条的规定,董事、高管应当遵守法律、行政法规和公司章程,对公司负有忠实义务和勤勉义务。根据相关规定,上市公司在公司章程中通常会将前述“忠实义务”和“勤勉义务”进行具体细化规定。在实践中,上市公司的董事、高管出于各种原因,可能存在违法违规行为,并进而对上市公司造成不利影响。本文将结合相关法律规定和项目经验,就董事、高管违规行为可能对上市公司带来的影响略作分析,供分享交流。...
徐辉、王安荣 金杜律师事务所 2020-08-20 3 872
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 to U....
Anne-Marie Neagle, Andrew Fei, Richard Mazzochi and Xiaoxue (Stella) Wang 金杜律师事务所 2020-09-04 0 468
LNG Terminals in China – Project Development, Third Party Access and Foreign Investment Issues
LNG Terminals in China – Project Development, Third Party Access and Foreign Investment Issues
As the world’s largest consumer of energy, with the recently-achieved status of the top natural gas importer in the world, China[1] has seen continued growth in the demand for liquefied natural gas (“LNG”) imports. This has been a key focus of indust...
 George Zhao, Michael Lawson, David Phua and Haoqing Zhang 金杜律师事务所 2020-09-04 0 626
China Removes Quotas for Foreign Institutional Investors Under the QFII and RQFII Schemes
China Removes Quotas for Foreign Institutional Investors Under the QFII and RQFII Schemes
In a further effort to attract foreign institutional investors to allocate offshore funds into China’s deep equity and debt capital markets, the State Administration of Foreign Exchange (“SAFE”) this past week announced that the Chinese Government wi...
 Jiang Zhihui, Jonathan Grant, Tom Harrison and Kong Xiangyun 金杜律师事务所 2020-09-04 0 476
Greater Bay Area: Opportunities for financial institutions
Greater Bay Area: Opportunities for financial institutions
On February 18, 2019, the Chinese Government released its much-anticipated blueprint for the Greater Bay Area — a thriving and dynamic economic zone that includes major cities such as Hong Kong, Shenzhen, Guangzhou and Macau and a combined GDP of ove...
Su Meng, Sun Shulin and Fei Si 金杜律师事务所 2020-09-04 0 445
Dispute Resolved: Supreme People’s Court of China Seeks to End the Jurisdictional Confusion Arising from the separation of CIETAC
Dispute Resolved: Supreme People’s Court of China Seeks to End the Jurisdictional Confusion Arising from the separation of CIETAC
On 15 July 2015, the Supreme People’s Court of China provided clarification on the jurisdictional issues arising from the separation of two sub-commissions from the China International Economic and Trade Arbitration Commission (CIETAC). The clarifica...
Liu Haitao (Harry) 金杜律师事务所 2020-09-04 1 444
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
This chapter represents detail knowledge of the crime of money laundering and criminal enforcement. Then the anti-money laundering regulatory with administrative requirements and enforcement is analyzed, which will have significant effects on financi...
Kate Jackson-Maynes and Amelia Jamieson 2020-09-08 0 556
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
This chapter represents detail knowledge of the crime of money laundering and criminal enforcement in Australia. Then the anti-money laundering regulatory with administrative requirements and enforcement is analyzed, which will have significant effec...
Kate Jackson-Maynes and Amelia Jamieson 金杜律师事务所 2020-09-08 1 599
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
This chapter represents detail knowledge of the crime of money laundering and criminal enforcement in Mainland China. The People’s Procuratorate is the body with legal authority to prosecute money laundering at all levels. Both institutions and indiv...
Chen Yun and Liang Yixuan 金杜律师事务所 2020-09-08 1 431
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
ICLG Anti-Money Laundering 2018: Guide to Australian, Hong Kong and PRC law
This chapter represents detail knowledge of the crime of money laundering and criminal enforcement in Hong Kong Special Administrative Region. Corporate criminal liability exists in Hong Kong, and the offence of money laundering has extraterritorial ...
Urszula McCormack 金杜律师事务所 2020-09-08 1 526
ICLG Lending & Secured Finance 2018: Guide to Australian, Hong Kong and PRC law
ICLG Lending & Secured Finance 2018: Guide to Australian, Hong Kong and PRC law
2017 was a good year for borrowers in Australia with bank funding costs down and a scarcity of assets/names driving better pricing and terms for the borrowers who came to market, together with the emergence of many alternative sources of funding on c...
Yuen-Yee Cho and Elizabeth Hundt Russell 金杜律师事务所 2020-09-08 1 477
ICLG Lending & Secured Finance 2018: Guide to Australian, Hong Kong and PRC law
ICLG Lending & Secured Finance 2018: Guide to Australian, Hong Kong and PRC law
Syndicated lending in Hong Kong Special Administrative Region remained strong, particularly in the area of acquisition financings. A company can give a guarantee or grant security over its assets in respect of the borrowings of another member of its...
Richard Mazzochi, David Lam 金杜律师事务所 2020-09-08 1 467
ICLG Lending & Secured Finance 2018: Guide to Australian, Hong Kong and PRC law
ICLG Lending & Secured Finance 2018: Guide to Australian, Hong Kong and PRC law
The loan markets in the People’s Republic of China (the “PRC”)continued to be active in 2017. In particular, the Belt and Road Initiative proposed by the Chinese Government that focuses on connectivity and cooperation with neighbour...
Jack Wang, Stanley Zhou 金杜律师事务所 2020-09-08 1 497
China’s Pilot Program on Publicly Offered Infrastructure REITs
China’s Pilot Program on Publicly Offered Infrastructure REITs
On 30 April, 2020, the China Securities Regulatory Commission and the National Development and Reform Commission jointly released the Circular on Work Related to Advancing the Pilot Program of Real Estate Investment Trusts for the Infrastructure Sec...
Rong Fang 金杜律师事务所 2020-09-09 0 478
HKEx Amended Debt Listing Rules
HKEx Amended Debt Listing Rules
On 21 August 2020, The Stock Exchange of Hong Kong(the "HKEx") published amendments to the rules governing the listing of debt securities to professional investors to closer align the rules with current market practice and to enhance the de...
Hao Zhou, Richard Mazzochi, Minny Siu,Michael Lu and Jason Kuo 金杜律师事务所 2020-09-20 0 437
China’s IP Antitrust Guidelines Released to the Public
China’s IP Antitrust Guidelines Released to the Public
Recently, the Anti-Monopoly Guidelines for the Intellectual Property ("IP Guidelines") was published in the Collection of Antitrust Regulations and Guidelines in 2019 released by the Anti-Monopoly Bureau of the State Administration for Market Regulat...
Cheng Liu, Audrey Li and Nick Torres 金杜律师事务所 2020-09-20 0 486
China’s Auto Antitrust Guidelines Released to the Public
China’s Auto Antitrust Guidelines Released to the Public
On 20 February 2020, in his annual review "Dedicated to Fair Competition and Serving Reform and Development – Overview of Antitrust Work in 2019", Mr. Wu Zhenguo, the Director of the Anti-monopoly Bureau of the State Administration fo...
Liu Cheng, Hong Lushen, Bi Yun and Jeff Liu 金杜律师事务所 2020-09-20 0 500
A Brief of New Individual Income Tax Policies on Foreign Income
A Brief of New Individual Income Tax Policies on Foreign Income
The Announcement on Individual Income Tax Policies Relating to Foreign Income was issued on On January 17, 2020, and further clarifies Chinese individual income tax (IIT) policies with respect to foreign income. Many Chinese people now work abroad wi...
Daisy Duan, Wang Yan, Chen Yijing and Sun Huanyu 金杜律师事务所 2020-09-20 0 487
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 0 561
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 0 737
Strategies and Suggestions for Patent Applications in the Hot Field of Biotechnology
Strategies and Suggestions for Patent Applications in the Hot Field of Biotechnology
The field of biotechnology is growing rapidly and the number of patent applications is skyrocketing. CAR-T, gene editing, and coronavirus vaccines have become hotspots due to their extremely high clinical value or due to epidemic outbreaks. Because o...
King & Wood Mallesons 金杜律师事务所 2020-09-20 0 476
The Role of Precedents in Patent Granting Procedure
The Role of Precedents in Patent Granting Procedure
Unlike common law system that belongs to case law, China’s legal system is continental law system, subject to the “statute law”. In the patent granting procedure, only the Patent Law, the Implementing Regulations of the Patent Law and the Guidelines ...
Yang Hongjun and Niu Weiran 金杜律师事务所 2020-09-20 0 444
New Approach for Similarity Judgment of Cross-class Goods
New Approach for Similarity Judgment of Cross-class Goods
Recently, the China National Intellectual Property Administration decided that the disputed trademark designated on “shower caps” and the citations designated on “clothing; shoes; hats; hosiery; gloves (clothing); scarves; belts (clothing); down garm...
Cissy Zhou and Cai Chongshan 金杜律师事务所 2020-09-20 0 437
SPC Issues the Guidelines on Search of Similar Cases, Increasing Importance of Precedents in Adjudication
SPC Issues the Guidelines on Search of Similar Cases, Increasing Importance of Precedents in Adjudication
On July 27, 2020, the Supreme People’s Court of the People’s Republic of China (“SPC”) issued the SPC Guidelines Concerning Alignment of Application of Law and Strengthening Search of Similar Cases (Trial) (the “Guidelin...
Xu Jing and Ye Wanli 金杜律师事务所 2020-09-20 0 446
Pharmaceuticals and Healthcare in the Civil Code
Pharmaceuticals and Healthcare in the Civil Code
The world will be in order if good laws are established. China’s first Civil Code was approved at the third session of the 13th National People’s Congress and will come into force on January 1, 2021. As a fundamental b...
Jianwen Huang, Yu Zhang, Changyao Ding and Vicky Yao 金杜律师事务所 2020-09-20 0 451
Doing Business in China (2020)
Doing Business in China (2020)
2019-2020 have been challenging years for both China and the world. China has had to contend with both the fallout from the COVID-2019 pandemic as well as the trade conflict between China and the US. China’s response has largely been to think B...
King & Wood Mallesons 金杜律师事务所 2020-09-20 0 777
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 0 423
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 0 449
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 0 386
IA Fundamentals | 5. International Arbitration Agreement (II)
IA Fundamentals | 5. International Arbitration Agreement (II)
As enterprises are increasingly engaged in international trade and investment, international arbitration is recognized as the preferred option in the face of cross-border disputes. However, international arbitration, which differs from domestic arbit...
Guo Shining and Mao Mengtao 金杜律师事务所 2020-09-20 0 598