Legal & Regulatory

China Releases Measures on Examination Hearings for Business Operators

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Dec. 1 – The Ministry of Commerce (MOFCOM) has released the Measures on Examination of the Concentration of Business Operators effective January 1, 2010. The announcement clarifies the procedures for an anti-monopoly examination of business operators to be managed by the MOFCOM as the law enforcement agency as well as specific procedures for examination hearings.

First Interbank Clearing House Set in Shanghai

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SHANGHAI, Nov. 30 – The country’s first interbank clearing house was launched in Shanghai on Saturday cementing government goals to make the city an international financial hub. The interbank market with a registered capital of RMB300 million will comprise of banks, securities firms, and asset management companies which trade currency derivatives, bonds and commercial bills […]

New Rule to Restrict Individual Cross-Border Fund Transfers

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Nov. 27 – The State Administration of Foreign Exchange (SAFE) has announced a new rule restricting cross-border money transfers by individuals to protect the foreign exchange market from speculative activity. Under the new rule, individuals will not be allowed to transfer from one overseas account into five or more bank accounts owned by individuals in […]

Deadlines for VAT Deduction Vouchers Clarified

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Nov. 26 – China’s State Administration of Taxation (SAT) has released a circular explaining the deadlines of tax deductions for VAT deduction vouchers effective January 1, 2010. According to the circular, taxpayers who are given special VAT receipts after January 1, 2010 for invoices for roads and inland river freight forwarding and invoices for motor […]

Shanghai Expats Now Eligible for Social Security and Pensions

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SHANGHAI, Nov. 25 – Shanghai’s Human Resources and Social Security Bureau has announced rules to extend the city’s social security program to expatriate employees. The moves mean that expats will be able to claim for coverage for sick pay and work place injuries provided they pay into the system. Previously expatriate staff had to contribute […]

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 […]

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