On January 1, 2008, China's new labor law goes into effect and those who have employees in China must take various steps to get into compliance and avoid being sued. This Expert Commentary discusses who is subject to the new law and exactly what the...
Though some restrictions remain in sensitive areas, such as media and communications, the service industry in China is now largely open to some form of foreign participation. In this Expert Commentary, Steven M. Dickinson and Daniel P. Harris, attorneys...
Lacking knowledge of and exposure to Chinas judicial and arbitrational system, foreign companies usually worry about dispute resolution clauses more than any other clause in a contract. Deciding which arbitration tribunal and what arbitration rules to...
Recently, the Chinese government tightened its policies on
foreign exchange and taxes with respect to cross-border mergers and
acquisitions ("M&A") transactions. Local government authorities with
oversight over foreign...
On June 30, 2011, Ministry of Human
Resources and Social Security promulgated Several Provisions on the
Implementation of the Social Security Law of the People's Republic of China 实施《中华人民共和国社会保险法》若干规定
(the "Provisions") which came into...
Since February 2011, all foreign
mergers and acquisitions of domestic Chinese enterprises in certain sectors
have been subject to national security reviews. These interim regulations will
be replaced on September 1 by new and clarified regulations...
On November 10, 2008, the State Council promulgated the revised Tentative Regulations on Value-added Tax of the People's Republic of China (the Tentative Regulations) in advance of full-scale value-added tax (VAT) reform in Mainland China.
The role of
the arbitrator is a hot topic currently discussed in the international
arbitration community. Is the arbitrator a private judge, a service provider,
or both? This question in no doubt goes to the heart of international
New policy permits banks to be shareholders of insurance companies. Earlier this year, it became clearer that insurance companies may now invest in Chinese banks. In February, news from Chinese regulatory departments indicated banks would be allowed to...
China's economic strength continues to attract a growing number of
first-time China investors. This memorandum presents a general introduction to:
investments by foreign investors in China; the various investment structures
China's National Development and Reform Commission recently announced the issuance of a new and substantially revised Catalog for the Guidance of Foreign Invested Enterprises, which provides the basic guidance for foreign investment in China. This...
The Interim Measures for the
Participation in Social Security of Foreigners Employed in China (Draft for
Comments) 在中国境内就 业的外国人参加社会保险暂行办法 ( 征求意 见稿 ), drafted by Ministry of Human Resources and Social Security
were released to public for solicitation...
Franchising in China started with KFC in 1987, by the end of 2006, there were about 200,000 franchise stores with over 3,000,000 jobs. Sales figures released in March 2007 reveal sales volume by franchising in China reached RMB102 billion (USD16 billion...
This analysis is a brief introduction to some of the issues that arise when overseas PE funds make pre-IPO equity investment in PRC companies. For example, pushing an invested company to be converted into a company limited by shares and listed in China's...
by Emma Davies, Ninette Dodoo and Jiajia Gao
In just one year, China's new
Anti-Monopoly Law (AML) has been scrutinised, analysed and criticised. In
parallel, the fortunes of China's companies in international transactions have