Legal & Regulatory

Copyright Payments for Media Broadcasts Introduced

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Nov. 25 – China’s State Council has issued Order (2009) #566 on trial measures for payments to copyright owners to broadcast of audio-recorded products via radio or television effective January 1, 2010. These measures apply to circumstances where radio and television stations broadcast audio material without prior approval by the copyright owners. The order clarifies […]

China Seeks Public Feedback on Foreign Investment Dispute Cases

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Nov. 25 – China’s Supreme People’s Court has released the Regulations of the Supreme People’s Court on Several Issues Regarding Hearing Foreign Investment Enterprise Dispute Cases for public feedback. The document relates to issues regarding investments, the violation of provisions of conditions for collaboration, and contract disputes for share transfers in foreign investment enterprises.

China Joint Ventures: Moving Contractual Liabilities Out of China

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Part Six in our “Joint Ventures as a Strategic Investment” series By Chris Devonshire-Ellis and Richard Hoffmann NOv. 24 – In this concluding part of our series on China joint ventures we discuss alternatives to the legal pitfalls that can befall a joint venture domiciled in China. On the premise that an investor has read […]

Notice to Local Online Game Companies in China, Less Violence Please

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Nov. 20 – China’s Ministry of Culture has released a notice to local online game companies to lessen the amount of violence, erotic content and gambling found in their games. Online game operators were advised to change  the current gaming model that allows a player to advance only by killing non-player-controlled enemies reports Chinatechnews. The […]

Ministry of Finance Clarifies Tax Exemptions for NGOs

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SHANGHAI, Nov. 20 -The Ministry of Finance has released two circulars clarifying the scope of tax-exempt income and tax-exemption identification for non-profit organizations (NGOs). On the circular on tax-exempt income, there are five types of income considered as tax-exempt income for NGOs including money donated by individuals, units, and government subsidies. In addition, companies that […]

China Joint Ventures: Negotiating the Contract

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Part Five in our “Joint Ventures as a Strategic Investment” series By Chris Devonshire-Ellis and Richard Hoffmann Nov. 18 – Joint ventures by their very nature are intensely idiosyncratic creatures, differing so much depending on circumstances that the area of contractual negotiations is really best dealt with professionally on a case by case basis. They […]

Triggering Permanent Establishment in China

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By Hank Bourg Nov. 12 – China has many foreign companies operating within its borders. Some of these enterprises have permanent establishment in China while others do not. In either case, these enterprises are taxed on their China source income. In general, only their China source income is taxable in China, with one notable exception. […]

Disneyland Gets Approval for Shanghai Park

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SHANGHAI, Nov. 5 – The Shanghai municipal government has confirmed reports that the central government has finally approved the Shanghai Disneyland Project. The Shanghai Disneyland park, which has been on the drawing board for the past twelve years, had originally been passed over in preference to Hong Kong. The new Disneyland is scheduled to open […]

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