JD Supra China
- Publisher:
- JD Supra
- Publication date:
- 2019-04-29
Publisher
- JD Supra (2059)
Law Firm
- Hogan Lovells (195)
- Sheppard Mullin Richter & Hampton LLP (132)
- Morrison & Foerster LLP (98)
- McDermott Will & Emery (93)
- Latham & Watkins LLP (85)
- Ropes & Gray LLP (81)
- White & Case LLP (75)
- Dentons (65)
- Davis Wright Tremaine LLP (64)
- Morgan Lewis (63)
- Pillsbury Winthrop Shaw Pittman LLP (62)
- K&L Gates LLP (57)
- Dechert LLP (51)
- Dorsey & Whitney LLP (50)
- WilmerHale (47)
- Allen & Overy LLP (42)
- Orrick, Herrington & Sutcliffe LLP (38)
- Thomas Fox (37)
- King & Spalding (33)
- Foley & Lardner LLP (32)
- Skadden, Arps, Slate, Meagher & Flom LLP (28)
- Jones Day (26)
- Perkins Coie (24)
- Akin Gump Strauss Hauer & Feld LLP (23)
- Mintz - ML Strategies (23)
- Seyfarth Shaw LLP (21)
- Orrick - Trade Secrets Group (18)
- Bergeson & Campbell, P.C. (18)
- Beveridge & Diamond PC (18)
- Michael Volkov (17)
- Faegre Drinker Biddle & Reath LLP (16)
- Miller Canfield (15)
- Sterne, Kessler, Goldstein & Fox P.L.L.C. (14)
- Bryan Cave Leighton Paisner (14)
- Fisher Phillips (13)
- Baker Donelson (11)
- Quinn Emanuel Urquhart & Sullivan, LLP (11)
- Goodwin (10)
- Cooley LLP (9)
- Kilpatrick Townsend & Stockton LLP (9)
- Cadwalader, Wickersham & Taft LLP (8)
- BakerHostetler (8)
- Benesch (7)
- Robinson+Cole Data Privacy + Security Insider (7)
- Knobbe Martens (6)
- Planet Depos, LLC (6)
- K2 Integrity (6)
- Husch Blackwell LLP (6)
- Snell & Wilmer (5)
- Zelle LLP (5)
Latest documents
- Establishing a Business Entity in China (Updated)
In general, foreign funds are not freely movable into China. There is a long history of exercising comprehensive control over foreign investment since China opened its door in the early 1980s. As the economy continues to grow, China has been gradually loosening the substantive and procedural requirements on foreign investments and carefully testing the water for national treatment for foreign investors in the past decade. On January 1, 2020, the Foreign Investment Law came into force, which marked a new height of the Chinese government’s supportive attitude towards foreign investment. It abolished the pre-approval scheme for foreign investments in existence for over forty years and officially effected a regime of “national treatment plus negative list” for foreign investment. The Foreign Investment Law further clarified the principle that foreign-invested enterprises and domestic enterprises enjoy equal treatment, requiring foreign-invested enterprises to adjust their organizational forms, organizational structures, etc., in accordance with the provisions of the Company Law and other laws within 5 years after the implementation of the Foreign Investment Law (i.e., no later than December 31, 2024).
- Highlights from Our Asia Practice
In 2025, Asia’s economic landscape continued to reflect both opportunity and transformation. Evolving global trade relationships, continued investment in emerging technologies and regulatory developments across key jurisdictions shaped the region’s business environment. Artificial intelligence, digital platforms and cross-border capital flows continued to drive growth across industries, while governments introduced new policies affecting data governance, intellectual property protection and financial markets.
- 2026 Highlights from Our Asia Practice - Traditional Chinese
In 2025, Asia’s economic landscape continued to reflect both opportunity and transformation. Evolving global trade relationships, continued investment in emerging technologies and regulatory developments across key jurisdictions shaped the region’s business environment. Artificial intelligence, digital platforms and cross-border capital flows continued to drive growth across industries, while governments introduced new policies affecting data governance, intellectual property protection and financial markets.
- Expanding Opportunities for Overseas Enforcement of PRC Judgments and Awards
There are good reasons for corporates and individuals to be emboldened to pursue overseas enforcement of the People’s Republic of China (PRC) judgments and arbitral awards.
- 中国判决与仲裁裁决 的域外执行
随着香港法律的发展,以及美国、英国、加拿大、澳大利亚 等主要普通法系国家(“主要司法管辖区”)近期出现的 有利司法判例,企业与个人在海外寻求中国法院判决与仲裁 裁决执行正获得日益有力的法律支撑。这一发展趋势为跨境 权利主张提供了新的实践路径与信心依据。
- CCUS Regulation and Incentives in the Asia-Pacific Region: A Comparative Table for Strategic Decision-Making
Carbon capture utilization and storage (“CCUS”) refers to technologies that enable carbon dioxide (“CO2”) emissions from industrial sources to be captured and either used in a way that limits or prevents them from being emitted into the atmosphere or enables them to be sequestered underground or otherwise stored for long-term (ideally permanent) isolation from the atmosphere.
- Hogan Lovells Asia-Pacific Data, Privacy and Cybersecurity Guide 2025
The rapid development of data protection laws across the Asia-Pacific region indicates significant movement toward certain standards, albeit with notable local policy variations across multiple areas. Our Asia-Pacific Data, Privacy, and Cybersecurity Guide 2025 will explore these developments, key initiatives in major APAC jurisdictions, and the implications of an ever-changing regulatory landscape.
- Understanding China’s New Company Law: What Foreign Investors Need to Know
The amended Company Law of China (the New Company Law) took effect on July 1, 2024, making substantial changes to existing rules in a wide range of areas including, among others, new timeline requirements for capital contribution, streamlined corporate registration and filing procedures, enhanced corporate governance, and strengthened shareholder rights protections. The law applies to all companies and other covered business in mainland China, including foreign-invested enterprises (FIEs).
- China Clarifies Privacy and Data Security Requirements in Network Data Security Management Regulations
The Regulations, which took effect on January 1, 2025, reiterate and clarify existing requirements and introduce new ones on privacy and network data security.
- Establishing a Business Entity in China (Updated)
In general, foreign funds are not freely movable into China. There is a long history of exercising comprehensive control over foreign investment since China opened its door in the early 1980s. As the economy continues to grow, China has been gradually loosening the substantive and procedural requirements on foreign investments and carefully testing the water for national treatment for foreign investors in the past decade. On January 1, 2020, the Foreign Investment Law came into force, which marked a new height of the Chinese government’s supportive attitude towards foreign investment. It abolished the pre-approval scheme for foreign investments in existence for over forty years and officially effected a regime of “national treatment plus negative list” for foreign investment. The Foreign Investment Law further clarified the principle that foreign-invested enterprises and domestic enterprises enjoy equal treatment, requiring foreign-invested enterprises to adjust their organizational forms, organizational structures, etc., in accordance with the provisions of the Company Law and other laws within 5 years after the implementation of the Foreign Investment Law (i.e., no later than December 31, 2024).
Featured documents
- Intellectual Property Protection by Chinese Courts in 2009
Full text copy of white paper issued in April, 2010, by China's Supreme People's Court on intellectual property protection by Chinese courts. The white paper also includes an introduction to IP protection in China over the last thirty years. Doc in English and Chinese....
- Long-Awaited Breakthroughs for Foreign-Invested Private Equity Enterprises in Shanghai Finally Initiated
McDermott Will & Emery has a strategic alliance with MWE China Law Offices, a separate law firm based in Shanghai. This China Law Alert was authored by MWE China Law Offices lawyers Jacqueline Cai and Delphi Bao. Certain legal breakthroughs in foreign-invested private equity enterprises have...
- SAFE Circular 19 Provides New Operating Instructions on Foreign Exchange Administration for Round-Trip Investment in China
On May 20, China’s State Administration of Foreign Exchange (SAFE) issued the “Operating Instructions on Foreign Exchange Administration for Domestic Residents Engaging in Financing and Round-tripping Investment via Overseas Special Purpose Vehicles” (Circular 19), which came into effect on July 1. ...
- China Implements New Laws in Foreign-Related Products Liability Cases
In 2010, the People’s Republic of China (“PRC”) enacted two laws that together will substantially affect all civil litigation in China – and, in particular, product liability litigation regarding foreign entities. The Law of the Application of Law for Foreign-Related Civil Relations of the PRC (“the...
- China’s New Foreign Investment Catalogue Comes into Effect
Today marks the coming into effect of the newly amended Catalogue for Guidance of Foreign Investment in Industry (the “Foreign Investment Catalogue” or “Catalogue”), issued December 24, 2011 by the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM). This...
- Six Ministries and Commissions to Join Force to Administer the Renminbi Settlement of Export Trade
On February 23, 2012, the People’s Bank of China, Ministry of Finance, MOFCOM, State Administration of Taxation, General Administration of Customs and China Banking Regulatory Commission jointly issued the Notice on the Administration of Company Settling Export Trade in Renminbi (YinFa [2012] No....
- Draft Proposal to State Secrets Law
Last week, the Legal Affairs Office of the State Council issued for public comment a draft proposal (“Proposal”) to the implementation guidelines of the Law of the People's Republic of China on Guarding State Secrets (“State Secrets Law”)....
- China's Proposed Amendment to the Patent Law: A Significant Increase to the Value of Patent Rights in China?
Earlier this month, the State Intellectual Property Office (“SIPO”) of the People’s Republic of China released a proposed amendment to the Chinese Patent Law and is now accepting comments. The proposed amendment will be the fourth amendment to the Chinese Patent Law since its initial adoption in...
- Social Risk Assessment: China Raises Its Game
Until recently, it was not uncommon for Chinese companies to be invoked as bogeymen in certain circles. The narrative went something like this......
- Chinese Government Decision May Help Brands Protect Themselves
Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to identify a target for action, and that permits vast numbers of counterfeiters to ...