JD Supra China

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Latest documents

  • Asia IP & TMT: Quarterly Review - First Quarter 2024

    The rapid development of artificial intelligence (“AI”), together with the increased number of commercial use cases made possible by generative AI (“Gen AI”), have brought about a wave of new opportunities for businesses as well as new legal challenges, particularly as governments have struggled to apply pre-existing legal frameworks to these new technological developments.

  • China Releases Carbon Allowance Trading Regulations

    The regulations aim to provide a legal framework for China’s carbon allowance trading market by strengthening requirements and designating responsibilities. On January 25, 2024, Chinese Premier Li Qiang signed a decree of the State Council, introducing the Regulations on the Administration of Carbon Allowance Trading (the Regulations). Effective from May 1, 2024, the Regulations provide a legal framework for the operation of China’s emissions trading scheme (ETS), which initially commenced operations in July 2021 under ministry-level management rules without a higher-level legal foundation. The Regulations fill in the regulatory vacuum that has existed since 2021.

  • China and Hong Kong Publish Standard Contract for Transferring Personal Information Within GBA Area

    China’s CAC and Hong Kong’s ITIB jointly released GBA SCCs, which may be adopted to transfer personal information between entities within the GBA. On December 13, 2023, the People’s Republic of China’s (PRC’s) Cyberspace Administration of China (CAC) and Hong Kong’s Innovation, Technology and Industry Bureau of Hong Kong (ITIB) jointly formulated and released the Standard Contract for the Cross-boundary Flow of Personal Information within the GBA (GBA SCCs) and its Implementation Guidelines (Implementation Guidelines), both of which became effective immediately.

  • China Adopts New Merger Control Filing Thresholds

    On January 26, 2024, the State Council of China adopted new merger filing thresholds by promulgating the amended Provisions of the State Council on Thresholds for Prior Notification of Concentration of Undertakings (the Amended Thresholds). The Amended Thresholds took effect upon release and mark the first major revision to the State Administration for Market Regulation's (SAMR’s) notification thresholds since 2008.

  • Global Legal Insights: Bribery & Corruption 2024 - China

    China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came into effect, and later underwent a significant shift in 1997 with enhanced provisions on bribery and corruption offences. Further amendments to the PRC Criminal Law were enacted in 2015 and 2020 to update bribery and corruption provisions, respectively. Originally published by Global Legal Insights - January 2024.

  • 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.

  • Hong Kong and PRC Restructuring & Special Situations 2023 year in review - Key insolvency decisions in Hong Kong and the People’s Republic of China

    The past twelve months have been a time of continuing significant developments in courtled corporate rescues in Hong Kong, all within the flexible confines of the common law and in the continued absence of a statutory corporate rescue regime. The year saw mixed messages for holders of offshore bonds issued by Chinese issuers hoping to enforce on the mainland, good news for lenders benefitting from “hybrid” jurisdiction clauses and a degree of uncertainty being seen in the Hong Kong Court of First Instance as to whether an agreement to arbitrate should always take precedence over a winding up petition, particularly where cross-claims are involved.

  • PRC’s New Foreign State Law Marks Shift From Absolute to Restrictive State Immunity

    Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities. The Standing Committee of the National People’s Congress (NPCSC) has passed the Foreign State Immunity Law (FSIL), which is intended to “develop the foreign state immunity legal regime of the PRC and provide legal basis for the PRC courts to hear civil cases involving foreign states and their assets,” according to the Ministry of Foreign Affairs of the PRC. Please see full Alert below for more information.

  • China Amends Foreign-Related Civil Procedure Rules

    On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments particularly focus on the section of foreign-related civil procedure, with amendments to seven existing articles and additions of 11 new articles. The newly adopted changes cover the PRC courts’ jurisdiction over foreign-related cases, parallel proceedings, service on foreign parties, overseas evidence collection, and recognition and enforcement of foreign judgments and arbitral awards. Please see full Alert below for more information.

  • China publishes its first guidance on merger control compliance

    The State Administration for Market Regulation (SAMR) issued Antitrust Compliance Guidelines for Concentrations of Undertakings (Guidelines) on 11 September 2023. It is the first time that SAMR has issued special compliance guidelines in the field of merger control. Please see full Publication below for more information.

Featured documents

  • New Rules on Disposal of Waste Electrical and Electronic Products

    On September 8, 2010, the National Development and Reform Commission, the Ministry of Environmental Protection and the Ministry of Industry and Information Technology jointly issued the Catalogue of Waste Electrical and Electronic Products for Disposal (the first batch) (the “Catalogue”), as a...

  • 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...

  • China Seeks Comments on New Evaluating Competitive Influence Rules

    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 Henry (Litong) Chen and Frank Schoneveld. To evaluate the competitive impact of an anti-monopoly review on...

  • Trademark Protection Strategies In China

    As the economy of the People’s Republic of China (PRC) continues to expand, an increasing number of foreign and multinational companies are entering the Chinese market. Among other key markers, evidence of this rapid growth in trade can be seen in the increased activity surrounding intellectual...

  • China Implements New Evaluating Competitive Influence Rules

    To evaluate the competitive impact of an anti-monopoly review on the mergers and acquisitions market (or concentration) and to guide business operators when notifying a concentration, the Ministry of Commerce of China introduced new measures for evaluating competitive influence. The new rules have ...

  • Client Alert: New Judicial Interpretations of the PRC Company Law and Its Focus

    The Supreme People’s Court of the People’s Republic of China (the “Supreme People’s Court”) issued Provisions of the Supreme People's Court Regarding Certain Issues Concerning the Application of the Company Law of the People's Republic of China (III) (the “Interpretation”) on February 16, 2011,...

  • Going Private: U.S. Listed Chinese Companies

    Many U.S. listed Chinese companies have their eye on going private, with a growing number of such transactions having recently closed. This is the combined result of the current weakness of the U.S. capital markets, significant losses in the value of many U.S. listed Chinese companies, and...

  • Sector Primers — Technology

    The Chinese government is aggressively encouraging domestic and foreign invested companies to develop, co-develop and acquire various technologies viewed as critical to China’s long-term global competitiveness. This policy change means that attractive opportunities are currently available for...

  • 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....

  • Is it Time for Enterprises to Re-evaluate their Labour Dispatch Models in China?

    Since the Labour Contract Law became effective in 2008, the use of the labour dispatch model in China has increased—to the point of “abuse” according to some voices. However, new regulations are expected to come into effect soon. Companies using the model would be well-advised to review the...

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