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merger control

Corporate compliance under merger control regime

By Huang Kai, Commerce & Finance Law Offices
It’s been more than a decade since the Anti-Monopoly Law (AML) was put into place, during which we’ve seen fruitful results. Together with the EU and the US, China has become one of the...
compliance risks

The difference making-up clause and compliance risks

By Paul Zhou and Harry Wu, Wintell & Co
In recent years, financial institutions have tended to use the difference making-up clause as a new type of credit enhancement measure for a variety of reasons. The difference making-up clause involves various transaction design,...
Medical conferences compliance

Compliance concerns in holding, attending medical conferences

By Chen Bo and Wang Li, AllBright Law Offices
The holding and sponsorship of medical conferences by pharmaceutical enterprises can easily lead to a finding of commercial bribery. The following were cases of law violation: (1) in 2015, the Market Supervision Administration of Changning...

Data compliance and export control law

Another session by Zhong Lun Law Firm on “Corporate compliance management” contained the topics of “executive responsibility” and “securities compliance” for afternoon discussion during CBLJ Forum 2019. Zhong Lun equity partner Chen Jihong and...

Corporate compliance in progress

During the roundtable sessions of the CBLJ Forum 2019, Zhong Lun Law Firm moderated a discussion with in-house legal counsel focusing on “Corporate compliance management: executive’s responsibility, securities compliance, criminal law compliance, anti-corruption in private...
严澜涛 -Yan Lantao-天驰君泰律师事务所律师-Associate -Tiantai Law Firm-张宇波 -Zhang Yubo-天驰君泰律师事务所律师助理-Legal Assistant-Tiantai Law Firm

Corporate counsel and developing a compliance management system

By Yan Lantao and Zhang Yubo, Tiantai Law Firm
Companies make their success from fierce competition by virtue of their premium products and technological strength, and also a sound and efficient internal compliance management system. As an external supporter of corporate risk control...
刘炯-John Liu-锦天城律师事务所高级合伙人-Senior-Partner-AllBright-Law-Offices -胡岚岚-Helena Hu-锦天城律师事务所资深律师-Senior Associate-AllBright Law Offices

Anti-bribery compliance of multinational companies

By John Liu and Helena Hu, AllBright Law Offices
Recently, as regulators in various countries generally heighten enforcement efforts against bribery, domestic authorities are also improving their efforts in the fight against corruption. For multinational companies, observing anti-corruption regulations in and outside the...
宋唐吟-Song-Tangyin-竞天公诚律师事务所律师助理-Paralegal-Jingtian-&-Gongcheng-徐邦炜-Xu Bangwei-Partner-Jingtian & Gongcheng

Key compliance after anti-money laundering regulation upgrades

By Xu Bangwei and Song Tangyin, Jingtian & Gongcheng
The Financial Action Task Force (FATF) adopted the Fourth Mutual Evaluation Report on Anti-Money Laundering and Combating the Financing of Terrorism in China in February this year. To submit to the FATF’s fourth evaluation,...
人文财经观察家秦朔-Qin-Shuo,-observer-in-the-fields-of-humanities-and-finance-2

Chinese companies: evolution, compliance and ‘the new normal’

Chinese companies need to enhance their understanding of compliance if they want to evolve on their path to becoming truly global companies. That’s the view of Qin Shuo, observer in the fields of humanities and...
intellectual property

Protection and compliance

By Peter Su, Tsinghua Tongfang
We asked intellectual property inhouse counsel about the challenges in their work and what they see as the most significant legal developments Tsinghua Tongfang is engaged in a great deal of business involving intellectual...
王永亮-WANG YONGLIANG-锦天城律师事务所-律师-ASSOCIATE-ALLBRIGHT-LAW-OFFICES

DDP and compliance risks in value determination by customers

By Wang Yongliang, AllBright Law Offices
Against the background of a trade conflict, the conditions under the delivered duty paid (DDP) are being applied more often to avoid customs duty risks and lock in transaction costs. The “DDP delivery method”...
夏锋-JERRY-XIA-杜晓宽-Simon-Du-安杰律师事务所-AnJie-Law-Firm

Companies should attach importance to IP compliance

By Jerry Xia and Simon Du, AnJie Law Firm
Not long ago, a used car website was fined RMB12.5 million (US$1.8 million) by the law enforcement department of the Administration for Industry and Commerce (AIC) for its untrue advertising slogan “Far ahead of...
2019-China-era-compliance-asia-business-law-feb

New year, more compliance

China will introduce a raft of evolutionary legislation this year, even as regulatory reach from overseas closes in on business within the nation, writes Luo Weiteng With the Belt and Road Initiative in full swing,...

Compliance reviews of real estate trust financing business

By Wu Huijin, Mei Hanyu and Liu Li, AllBright Law Offices.
The term “real estate trust business” mainly refers to the act whereby a trust company, through the establishment of a trust, manages, applies and disposes of, in the trust company’s name, the real estate...
陈炜-CHEN-WEI-锦天城律师事务所高级律师-Senior-Associate-AllBright-Law-Offices-沈诚-SHEN-CHENG-锦天城律师事务所合伙人-Partner-AllBright-Law-Offices

Compliance issues for domestic enterprises listing in Hong Kong

By Shen Cheng and Chen Wei, AllBright Law Offices
The enthusiasm of domestic enterprises to list in Hong Kong has exploded of late. Certain seemingly minor non-compliance matters can, if not properly handled, also have an adverse impact on the implementation of a...

Compliance of foreign investments in Chinese healthcare big data

By Amy Ye, Brian Dong and Hu Qiuyin, AllBright Law Offices
This column analyzes briefly, but comprehensively, the issue of compliance in foreign investments in Chinese healthcare big data from three major aspects – investment access, investment method and engagement in business. Compliance in investment access. Pursuant to...

Compliance in acquisition and restructuring of real estate intermediary firms

By Zhou Tao, Yuan Yueyun, Grandway Law Offices
In a bid to access the capital markets, certain well-known real estate intermediary firms, such as Qfang.com and 5i5j.com, have taken the lead in dipping into the arena through acquisitions/restructurings. They see acquisitions/restructurings as...
吴卫明-WU-WEIMING-锦天城律师事务所-高级合伙人-Senior-Partner-AllBright-Law-Offices-2

Baidu cookie case: Compliance in big data-based precision marketing

By Wu Weiming, AllBright Law Offices
Big data-based precision marketing is a key manifestation of upgrades and transformation in the online advertising industry. However, in the development process, it has also faced legal and compliance issues. This column proposes to...
China Business Law Journal

Funds compliance

Private equity and venture capital (PE/VC) fund managers are under growing regulatory pressure. The new asset management rules issued by top banking and securities regulators aim to push uniformity in regulation, which will have...

Compliance reviews on mortgage balance asset securitization

By Zhang Jian, Guan Tianru, AllBright Law Offices
Mortgage balance asset securitization refers to the asset-backed securities (ABS) of a business in which cash flow generated by accounts receivable on mortgage balance assets serve as the backing for repayment. As of the...

Compliance risks of private funds under new asset management rules

By Ma Chenguang and Wang Xi, Co-effort Law Firm
On 27 April 2018, the People’s Bank of China, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission (CSRC) and the State Administration of Foreign Exchange jointly issued the Guiding Opinions...
史军-SHARON-SHI-锦天城律师事务所-高级合伙人-Senior-Partner-AllBright-Law-Offices

Anti-corruption compliance in outbound investment

By Sharon Shi, AllBright Law Offices
For the past few years, apart from countries and regions with a low level of corruption such as the US, western Europe and Hong Kong, the destinations of Chinese overseas investment have included more...
吴院渊 WU YUANYUAN 安杰律师事务所合伙人 Partner AnJie Law Firm

Data compliance challenges from new personal information security rules

By Stephanie Wu Yuanyuan and Song Ying, AnJie Law Firm
The national standards titled Personal Information Security Specifications (GB/T 35273-2017) (the Specifications), released on 29 December 2017, are due to take effect on 1 May 2018. Being recommended national standards, the Specifications are not...
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China: Environmental protection compliance progress in 2018

By Li Xiong and Yuan Yuan, AllBright Law Offices
On the domestic political scene, “environment” has become one of the most frequent words. The 19th National Congress of the Communist Party of China put forward five major directions for national development, one of which is...
A feature image of an article regarding china money laundering in Chinese banks

Chinese banks warned on anti-money laundering compliance

A seasoned financial adviser has warned Chinese financial institutions of serious consequences if they continue to lag behind international partners in anti-money laundering (AML) compliance. A survey recently published by AlixPartners, a global business advisory...
Compliance-alerts

Compliance alerts

How should Chinese companies face increased US enforcement risk from their global business operations? The recent escalation of tensions between the US and Russia, North Korea and Iran has triggered the Trump administration to unveil...

How to prevent VAT compliance risks of asset management products

By Liu Yungang, AllBright Law Offices
Following the promulgation of the Circular on National Implementation of the Pilot Program of Levying Value-added Tax in lieu of Business Tax (the No. 36 Circular) that included the financial industry into the...

Enterprise big data strategy and compliance

By Wu Weiming, AllBright Law Offices
There is no time at which an enterprise is not required to access and use big data in its product research and development, precision marketing, customer service, order processing and production management. Big data...

Compliance review of FI contracts with governments

By Shen Rengang and Zhang Yanan, AllBright Law Offices
In its efforts to attract foreign investment, the government often undertakes to provide the investor with preferential tax, fiscal or land treatment in exchange for undertakings relating to place of incorporation, business scope, investment...

Accountability: Tighter compliance for banks, financial institutions

By Ben Yip, Hong Kong Corporate Counsel Association
In a global effort to increase transparency of financial institutions, FATCA (Foreign Account Tax Compliance Act), CRS (common reporting standard) and country by country reporting have been enacted, among others. While transparency is important...
Dong Jinsong and Fan Xiaoliang, AllBright Law Offices

Gauging impact of US FATCA on corporate compliance practice

By Dong Jinsong and Fan Xiaoliang, AllBright Law Offices
Found at the heart of the US Foreign Account Tax Compliance Act (FATCA) are the information reporting and tax withholding systems, that is to say they require foreign financial institutions to report to the...

Anti-monopoly health enforcement and compliance trends

By Michael Gu and Sun Sihui, AnJie Law Firm
The healthcare industry has gradually become a key focal point of the antitrust law enforcement authorities in China. In recent years, the National Development and Reform Commission (NDRC) and the State Administration for Industry...
Ben Chai and Cloud Li

Cloud service providers’ key compliance issues

By Ben Chai and Cloud Li, DaHui Lawyers
From both commercial and technological standpoints, cloud-based computing services (commonly referred to as cloud services) are often seen to be comprised of public cloud and private cloud services. Public cloud services can be further...
WU JIANG Partner AllBright Law Offices

Compliance issues for gifts that advertise

By Wu Jiang, AllBright Law Offices
Advertising gifts mean items printed with brand name, logo or slogan that operators give to counterparties or the public in business dealings with the view to increasing awareness or market share. Legal matters involved...
jeffrey-yang-is-a-senior-partner-and-miao-shunjin-is-a-senior-associate-with-allbright-law-offices

Compliance system needed for enterprise bankruptcies

By Jeffrey Yang and Miao Shunjin, AllBright Law Offices
The Enterprise Bankruptcy Law was considered and adopted by the Standing Committee of the National People’s Congress on 27 August 2006, establishing a market entity withdrawal and rebirth mechanism in legal form for the...

New rules for publishing tax non-compliance cases

The State Administration of Taxation (SAT) recently issued the Announcement on Revising the Measures for Publishing Tax Non-compliance Cases (for trial implementation) (Bulletin 24), which took effect on 1 June 2016. CASES TO BE PUBLISHED Unified...
徐军 Xu Jun is a senior partner and 张霞 Zhang Xia is an associate at AllBright Law Offices

Compliance issues in listed companies’ outbound M&A

By Xu Jun and Zhang Xia, AllBright Law Offices
As the “One Belt One Road” policy became a national regime, 2015 witnessed a trend of increasing outbound mergers and acquisitions (M&As). There were more than 300 outbound M&As among listed companies in China...

Impact of contract compliance on resolution of reinsurance disputes

By Harry Wu, Wintell & Co.
Facultative reinsurance is the oldest form of reinsurance and refers to the temporary entry by the original insurer into a reinsurance contract with another insurer regarding a specific item of insurance business (e.g. a...

Tax risks and compliance issues in corporate equity M&A

By Harry He, AllBright Law Offices
In M&A transactions, especially in equity deals, tax-related issues directly affect the transaction costs for the acquiring party, as well as the taxation risks after the acquiring party takes over the target company. This...

Key compliance points for contract-based PI funds

By Zhao Yanchun and Chen Youyou, AllBright Law Offices
A private investment (PI) fund is an investment fund established with funds raised from investors in a non-public manner. In a contract-based PI fund, the fund contract serves as the legal medium specifying the...

Stay up to speed on compliance measures of corporate IP ownership

By Liu Minxuan, AllBright Law Offices
Intellectual property (IP) ownership is the fundamental principle for IP. We need to first clarify and identify the ownership of IP before we can reasonably distribute benefits between the inventor and the rights holders....

Beijing labour union measures add to compliance burden

New labour measures adopted by the Standing Committee of the Beijing Municipal People’s Congress are likely to impose additional costs and further administrative burdens on companies in Beijing. Some of the key components in the...
John Liu is a senior partner at AllBright Law Offices

Antitrust compliance mechanisms essential to enterprises

By John Liu, AllBright Law Offices
The intensity with which regulatory authorities have cracked down on monopoly behaviour by enterprises has increased year by year. Recently, Qualcomm was handed the largest ever penalty in China’s anti-monopoly history. With stringent enforcement...

Vital tips for importers and exporters in trade compliance management

Trade compliance is of utmost importance to the operations of import/export companies. The relevant legal consequences may, on the light side, affect the customs clearance efficiency of the company. On the heavy side, they...

Compliance management in China

It’s easy to feel lost when sifting through piles of rules and regulations for what you need to achieve compliance in China’s complicated market. Expert tips can be a great help, so we asked...
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Closer compliance required for healthcare donations

China’s national healthcare regulator recently published new rules that may provide useful guidance for pharmaceutical or medical device companies to enhance compliance controls over sponsorship and donations to healthcare entities, although these companies are...

Surcharge compliance in international maritime shipping

By Frank Cao and Shang Tao, AllBright Law Offices
International container shipping freight rates are the remuneration for maritime cargo transport services made by liner operators, including maritime freight and surcharges. The rates are regulated by the market and are determined by liner...

How import-export enterprises can set up customs compliance systems

By Jia Xiaoning, AllBright Law Offices
Since the General Administration of Customs (Customs) began fully implementing its economic operator accreditation system, authorized economic operators (AEO) have benefited from measures to facilitate customs clearance and are also eligible for corresponding facilitation...

Some things to keep in mind in PPP project compliance review

By Liu Xiaojun and Xing Limiao, AllBright Law Offices
Since 2014, the public-private partnership (PPP) model has been well regarded and widely applied by every level of government. The State Council, ministries and local authorities have all issued legislation providing legal guidance on...

Measures set out compliance requirements for online insurance

China Insurance Regulatory Commission (CIRC) recently shed light on the regulation of online insurance services, providing legal support for this rapidly developing sector. CIRC’s Provisional Measures for the Regulation of the Internet Insurance Business, issued...
Chen Miaojie and Qiu Mengyun, AllBright Law Offices

Changes in forex compliance relating to FDI and ODI

By Chen Miaojie and Qiu Mengyun, AllBright Law Offices
On 28 February, the State Administration of Foreign Exchange (SAFE) issued the Notice on Further Simplifying and Improving Administrative Policies on the Direct Investment of Foreign Exchange (Forex Notice) and its complementary Guidelines for...
Susan Guo, AllBright Law Offices

Compliance in anti-monopoly reviews of business operator concentrations

By Susan Guo, AllBright Law Offices
As at August 2014, the Anti-Monopoly Law had been implemented for six years, during which time the Ministry of Commerce (MOFCOM) had opened a total of 945 cases, concluding 875 of them. Among them,...
Sun Jian, Zhong Yin Law Firm

Return path for red-chip structures requires some sound compliance

By Sun Jian and Wang Junlu, Zhong Yin Lawyer
With changes in policies towards variable interest entities (VIEs) in China, and in foreign capital market environments, the dismantling of well-erected red-chip structures followed by the seeking of domestic listings has become the choice...
A photo of Peter Stafford and Niaz Khan

FATCA compliance for Chinese offshore investment funds

By Peter Stafford and Niaz Khan, DMS Offshore Investment Services
Since the US Foreign Account Tax Compliance Act (FATCA) took effect on 1 January 2015, the full extent of global compliance with the legislation that is designed to combat offshore tax evasion is becoming...

Compliance for FTZ companies operating outside the zone

By Ye Fang and Zheng Jianjun, AllBright Law Offices
According to the latest official statistics, by mid-September 2014, the newly established companies in Shanghai Pilot Free Trade Zone (FTZ) numbered more than 12,000. However, many of these registered companies are actually operating out...
A photo of Peter Stafford and Niaz Khan

FATCA: international tax compliance implications for PRC and HK

By Peter Stafford and Niaz Khan, DMS Offshore Investment Services
The US Foreign Account Tax Compliance Act (FATCA) is in the vanguard of a global movement towards the automatic exchange of information on tax matters. The US enacted FATCA in 2010 to tackle the...
Wang Qinghua Shang Lina

Compliance in dismantling of a red-chip structure

By Wang Qinghua and Shang Lina, AllBright Law Offices
The erection of a red-chip structure generally involves the founding shareholder of a domestic company first establishing an offshore special purpose vehicle (SPV) in the British Virgin Islands or Cayman Islands, using the SPV...

Guarding against compliance risks in real estate enterprise financing

By Guo Zhongqing, AllBright Law Offices
In recent years, as the central government has intensified regulation and control, signs of adjustment have appeared in the real estate industry, with property enterprises facing such phenomena as weak sales, increase in inventory,...
外商投资企业及中国子公司-面临合规新规则

FIEs face new compliance rules for their China subsidiaries

In previous years, foreign-invested enterprises (FIEs) and their branches in China had the certainty that they would need to undergo an annual inspection filing with the business registration authority between March and June each...

Compliance issues with domestic acquisitions by foreign investors

By David Tang, Li Jun, AllBright Law Offices
With the opening of the Chinese market, acquisitions of domestic businesses by foreign investors have become a primary means of foreign direct investment. The following is an overview of key compliance issues encountered in...
陈乃蔚 David Chen is the founding partner and Jin Sa is a lawyer at AllBright Law Offices

Compliance measures available to prevent dilution of trademarks

By David Chen, Jin Sa, AllBright Law Offices
The dilution of a well known trademark is an act that reduces and weakens the distinctiveness of the mark and harms and tarnishes the goodwill therein. The diluter exploits the notoriety and reputation of...

Key points to secure corporate compliance in equity financing

By Shen Guoquan and Zhang Zhixue, AllBright Law Offices
From the establishment to the termination of a company, and at the production and sales stages, compliant operation is a mandatory requirement. However, the key points of compliance in different economic activities are not...

Time to re-evaluate the full extent of India’s TRIPS compliance

By G Deepak Sriniwas, LexOrbis
The order of March 2012 relating to the granting of a compulsory licence by the Indian Patent Office in favour of Natco Pharma against Bayer’s patent for sorafenib tosylate and other actions prior to...
Anti-Monopoly Law

AML compliance: challenges that enterprises urgently need to resolve

At the beginning of this year, the National Development and Reform Commission (NDRC) formally rendered a penalty decision in the anti-price fixing case involving Samsung, LG and four other international liquid crystal panel producers...
广东用人单位面对违规新处罚

Employers in Guangdong province face new penalties for non-compliance

On 29 November 2012, Guangdong province promulgated the Regulations on Labour Protection Supervision, which will become effective as of 1 May 2013 and replace the current Guangdong Labour Supervision Regulations of 1996. Most importantly, the...

Compliance programmes protect against employee misconduct

The author, K Lesli Ligorner, is a partner at Paul Hastings. Based in Shanghai, she chairs the firm’s employment and anti-corruption practices in mainland China. Traditionally, many multinational corporations that have established operations in the...
Compliance

Making compliance matter

The word “compliance” covers a multitude of sins, from anti-monopoly filing and countering corruption to employment, the environment, trade, taxation and industry-specific regulation. But what are the key factors in designing a successful compliance...
New Company Law's tax impact

Three major amendments to new Company Law in taxation

By Wu Jiayu and Li Tong, Blossom & Credit Law Firm 
A revision of the new Company Law was adopted on 29 December 2023 at the 14th National People’s Congress, and will come into effect on 1 July 2024. This revision will certainly have a...

Non-compete restrictions in China, Germany, Singapore and US

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
Countries have differing legal views about companies stopping their ex-employees from becoming the next competition. It is common practice for employers in China to establish non-compete obligations with employees on their departure. However, the recognition...

New Company Law offers exits for minority shareholders

By Yang Liqun, Zhilin Law Firm
The new Company Law has protections for minority shareholders. If disputes arise between this group and a controlling shareholder, or a controlling shareholder suppresses the minority’s interests at management level, how can minority shareholders...
Securities industry in China

Avoiding securities violations as law tightens

By Ye Liming, Hylands Law Firm
In the past decade, there has been an increase in the incidence of illegal and criminal cases in the securities industry in China. Regulatory and judicial authorities have been increasingly strict in investigating and...
Former judge Liu Xin bolsters Han Kun’s criminal practice

Former judge Liu Xin bolsters Han Kun’s criminal practice

Han Kun Law Offices boosts its criminal capabilities in Shanghai with the addition of former judge Liu Xin, who has honed nearly three decades of experience in this practice area. Liu was previously a senior...

Strategies to tackle non-compliant overseas investment procedures

By Guo Xin, Xie Aqiang, and Zhu Zhu, Grandway Law Offices
During IPO processes, regulatory bodies scrutinise whether companies have completed the requisite registrations and forex procedures for their overseas subsidiaries. Many domestic enterprises engaging in overseas investment often encounter issues with filing procedures at...
Establishing RHQs in Saudi Arabia

Insights into establishing RHQs in Saudi Arabia

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
It has been three years since Saudi Arabia first introduced the Regional Headquarters Programme (RHQ), aiming to position itself as a leading global hub for multinational corporate operations. With the Ministry of Investment of...

On the move

Elections, political tensions, accelerated regulation and shifting sands of opportunity are some of the factors influencing law firm movements in the region. Like never before, the turnstyle of firm exits and entries provides a...
Global Law Office welcomes new hires

Global Law hires Beijing and Chengdu partners

Global Law Office has welcomed Li Deyuan, Li Yuanyuan and Yang Haoyan to their Beijing and Chengdu offices to boost the firm’s businesses in private equity and investment funds, M&A, and banking and financing. The...
Clifford Chance reshuffles China management team

Clifford Chance reshuffles China management team

After acting as Clifford Chance’s co-managing partner in China for seven years, Tim Wang will be promoted to chair of the China practice when his term ends on 30 April, while Terence Foo will...
AnJie-Broad-welcomes-three-partners-in-Shanghai-L

AnJie Broad welcomes three partners in Shanghai

Liu Hongyue, Matthew Yin and Chen Haijun has joined AnJie Broad as partners to reinforce its Shanghai office’s strength in international trade, dispute resolution and labour matters. Liu, a former lawyer at King & Wood...
Peer power

Peer power

PEER PRESSURE is a real thing, but so is peer support. Lately, confronted with mounting compliance and regulatory pressure, seemingly non-rhythmic industry swings, and concerns in global markets, China’s in-house counsel often find comfort...
Wintell-&-Co-expands-Beijing,-Shanghai-and-Shenzhen-teams-L

Wintell & Co expands Beijing, Shanghai and Shenzhen teams

Wintell & Co’s newest office in Beijing has welcomed senior partners Ray Li and Wei Yi, while senior adviser Eding Yi has joined the firm’s Shenzhen and Shanghai branches. The latest recruitment has strengthened the...

Upgrading data breach prevention and response

By Kevin Duan and Hu Minzhe, Han Kun Law Offices
Data security incidents occur frequently these days. To enhance protection of data security – and reduce losses and hazards caused by data breaches – the Cybersecurity Law (CSL), Data Security Law (DSL), and Personal...
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Identifying and prosecuting internal fraud

By Song Tangyin, Anli Partners
With the new Company Law and Criminal Law Amendment (XII) improving the provisions concerning the responsibilities of directors, supervisors, executives and employees regarding internal corporate fraud, the issue has garnered increased attention. This article...
Qin Wen Ma Tao join Hylands Law Firm

Hylands welcomes two dispute resolution specialists

Qin Wen, a former partner at Rui Bai, a PRC legal arm of Big Four accounting firm PwC, and Ma Tao, a former partner at Jingshi Law Firm, have joined Hylands Law Firm. Qin specialises...
Cross-Border Data Regulations Challenges

Evolution, challenges in cross-border data regulation

By Calvin Peng, Dacheng Law Offices
The Regulations on Promoting and Standardising Cross-Border Data Flows (the regulations) was released on 22 March 2024. Since then, the development process of China’s cross-border data export regulation has gradually become clearer. However, there...
Dennis Yeung jumps to Yang & Yang

M&A and equity specialist Dennis Yeung jumps to Yang & Yang

After Akin’s decision to cease operations in Beijing  at the end of last year, its senior counsel Dennis Yeung based in China’s capital has recently joined Yang & Yang Solicitors as a partner. With 20...
Jincheng Tongda & Neal Chongqing office

JT&N launches Chongqing office to extend southwest reach

Jincheng Tongda & Neal has set up a Chongqing office, liaising with the Chengdu branch to expand its presence in the southwest region. Zhou Mingbing, the former partner and vice committee director at leading home-grown...

IPO registration: how system reviews big numbers of shareholders

By Xia Jialin and Huang Yiping, Zhilin Law Firm
Disclosure of information has been at the core of China’s shift to the current across-the-board registration-based IPO system, which replaced the more cumbersome and inefficient approval-based approach. Wherever practicable, the earlier conditions needed to...
CBLJ-rising-star-2024-report

The A-List 2023-24: Rising Stars

Following an extensive survey of market opinion and independent editorial research, China Business Law Journal announces China’s future legal leaders.  Access the Rising Stars full list As China’s heavily battered economy gradually recovers, challenges like corporate...

Loss of electricity generation claims in new energy projects

By Wang Yong, DOCVIT Law Firm
With the increasing investment in and construction of new energy projects such as wind electricity and photovoltaics against the backdrop of the “dual carbon” initiative, legal compliance issues and disputes related to these projects...
Loan Facilitation Impact

Negatives of borrowers charged by loan facilitators

By Guang Zhenming, Joint-Win Partners
A case involves company G, which is a financial institution, and company F, a loan-facilitating institution, with Xia and Liu as the borrowers. On 5 January 2017, borrowers Xia and Liu signed a loan...

Insights from judicial interpretation of labour disputes (Part II)

By Shaw Zhao and He Yanling, Jingtian & Gongcheng
In the preceding article of this series, we discussed the unified legal characteristics of equity incentive disputes and the innovative special arrangement for untaken annual leave under the draft Interpretation II on Several Issues...
China's bankruptcy regime matures

Back from the brink

In an underperforming economy, China’s bankruptcy regime is following a steep trajectory to maturity and doomed businesses are making a revival. Sophia Luo reports ONCE REGARDED AS SOMETHING of a taboo, bankruptcy has now been generally...

China’s role in global arbitration and international law

By An Shouzhi and Wang Pengxin, AnJie Broad
China’s Belt and Road Initiative (BRI) is said to be the world’s largest international co-operation platform. The huge scale of the co-operation among countries along the Belt and Road has brought great demand for...
Huahong Semiconductor’s Sci-Tech listing

Huahong Semiconductor’s listing on Sci-Tech Innovation Board

By Wayne Chen and Harriet Li, Llinks law offices
On 7 August 2023, Huahong Semiconductor, a red-chip company already listed on the Stock Exchange of Hong Kong (SEHK), officially returned to the A-share market as well as debuting on the Science and Technology...
mainland judgments Hong Kong courts

Recognition, enforcement of mainland judgments in HK courts

By Liang Muzhou, ETR Law Firm
The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region and Hong Kong’s Mainland Judgments in...
Anli-adds-overseas-investment-partner-in-Beijing-headquarters-L

Anli adds overseas investment partner in Beijing headquarters

Foreign-related practice expert Feng Caihong, previously a consultant at King & Wood Mallesons, has joined Anli Partners’ Beijing headquarters as a partner. As a qualified attorney in both the PRC and England and Wales, Feng...
Labour Dispute Cases

Insights from judicial interpretation of labour disputes (Part I)

By Shaw Zhao and Mia Wang, Jingtian & Gongcheng
Even though it is still at the draft stage, the recently issued Supreme People’s Court Interpretation II on Several Issues Concerning the Application of Law in the Trial of Labour Dispute Cases has significant...
Navigating Legal Horizons- AI Advancements and IP Protection Rules-L

Breaking AI impasse

How do we reconcile the pressing needs for tech advancement with the time-tested rules for IP protection? Wang Sijia, director of IP and data compliance at NetEase Group, shares her views AFTER ABSORBING an unfathomable...
新公司法下,外资企业如何调整治理结构?video

Governance and foreign-invested enterprises under new Company Law

By Zhou Le, Blossom & Credit Law Firm 
Following the implementation of the Foreign Investment Law, the three previous laws governing foreign investment – the Law on Chinese-foreign Equity Joint Ventures, the Law on Foreign-capital Enterprises, and the Law on Chinese-foreign Contractual...
Sundial opens Hong Kong office

Sundial opens Hong Kong office in expansion push

Sundial Law Firm has opened its first branch in Hong Kong, signalling its expansion into the international market. The Hong Kong branch was established in August 2022 and operated through an alliance with independent law...
Hungary Belt and Road Initiative

Land use requirements for renewable energy projects in Hungary

By Wang Jihong and Xu Yibai, Zhong Lun Law Firm
Hungary is the first European country to sign a Belt and Road Initiative co-operation document with China, covering trade, investment, infrastructure, logistics and electric vehicles. The bilateral trade between the two countries has grown...
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Global Law welcomes quartet of experts across four cities

Four partners – Geoffrey Zha in Beijing, Yu Haiyan in Chengdu, Joyce Zhang in Shanghai and Joyce Gu in Shenzhen – have joined Global Law Office, shoring up the IP, disputes, capital markets and...
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Wang Miao, Wei Zhibiao boosts DOCVIT’s IP and taxation business

DOCVIT has recruited senior partner Wang Miao and partner Wei Zhibiao to strengthen its IP and taxation practices. A qualified patent attorney based in Shanghai, Wang brings IP knowledge from his previous roles at Joint-Win...
Revamp of corporate capital regime

Revamp of corporate capital regime under revised Company Law

By Calvin Yang and Zhuang Yuan, ETR Law Firm
After multiple rounds of deliberations, the fourth draft amendment to China’s Company Law was formally adopted on 29 December 2023 and will come into effect on 1 July 2024. The corporate capital regime is one...

Focus of judicial decision on invalid private bills discounting

By Sun Qiming, Anli Partners
Commercial acceptance bills commonly play a crucial role in business as a payment and financing instrument, while discounting is a regular way to boost liquidity. Unlike commercial banks, private discounting typically involves intermediaries or commercial...
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East & Concord ties up with Yang & Yang to tap GBA business

East & Concord Partners (E&C) has formed an affiliation with Hong Kong law firm Yang & Yang Solicitors, allowing E&C’s Guangzhou and Shenzhen offices to pool resources with Yang & Yang as well as...
Jason Wu, Luo Siwei, Hou Nini and Wilson Tang

Chance Bridge Partners expands teams in Shanghai and Shenzhen

Chance Bridge Partners bolstered its teams in Shanghai and Shenzhen with the addition of new partners in January. In Shanghai, the firm welcomed Jason Wu, Hou Nini and Wilson Tang, while Luo Siwei joined the...
China's private equity market in 2023

Shuffling the PE deck

Bleak prospects have dealt a challenging hand of enhanced regulations to players in China’s private equity market, adding a wildcard of China/US decoupling and generally giving the industry a good shuffle. However, with or...
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Countdown for insurers under Foreign Investment Law

By Elsie Shi and George Yu, Jincheng Tongda & Neal
The clock is ticking as foreign-invested insurance companies need to adjust their governance frameworks by 31 December 2024 A five-year transitional period for compliance with the new unified Foreign Investment Law – requiring foreign-invested companies...
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Balancing interests behind key PE/VC clauses

By Vincent Shen and Sun Jingqiu, Commerce & Finance Law Offices
Private equity and venture capital (PE/VC) agreements play a crucial role in corporate financing transactions. The terms and conditions contained in these agreements not only set out the rights and obligations of both parties...
Challenges facing PE funds

Challenges facing PE funds in buyout investments

By Xiao Fei and Li Wen, Guantao Law Firm
China’s regulations do not restrict private equity (PE) funds from acting as controlling shareholders of companies seeking to go public. But it’s uncommon for a PE fund to promote a company’s IPO after controlling...
criminal risk avoidance entertainment social mediavideo

Avoiding criminal risk for entertainment, social media platforms

By You Tao, Xinglai Technology
Fraud, gambling and organised obscene performances are increasingly prevalent on live-streaming and one-to-one chat platforms. Moreover, game-streaming platforms are frequently reported to have issues with gambling, money laundering and other illicit activities. Analysis There is a...
Wintell opens in Nanning to lift Asean, China presence

Wintell opens in Nanning to lift Asean, China presence

Wintell & Co has established a Nanning office to bolster its footprint in China’s southwest region and Southeast Asia, marking the second branch after Shenzhen and follows the firm’s merger with Gongcheng in October...
Han Kun Law Offices Bonnie Yung

Han Kun hires corporate and finance specialist Bonnie Yung

Han Kun Law Offices has bolstered its capabilities in general corporate matters and finance with the addition of new partner Bonnie Yung, a former partner at Mayer Brown. Yung was formerly a partner at Paul...
Global Law hires Ma Xiaoyu and Leo Tian

Global Law hires partners to bolster tax, investment services

Global Law Office welcomes two partners, Ma Xiaoyu and Leo Tian, strengthening the firm’s capabilities in tax and cross-border investment and financing in Shanghai. Ma, previously at King & Wood Mallesons for nearly a decade,...
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The A-List 2023-24: Growth Drivers

Following an extensive survey of market opinion and independent editorial research, China Business Law Journal announces the Growth Drivers in China’s legal market. Pan Xinyi reports ACCESS THE A-LIST 2023-24: GROWTH DRIVERS Due to the dual...
Legal risks of equity investment and financing

Keeping risks in check in equity investment and financing

By Jin Wei, DOCVIT Law Firm
Amid ongoing transformation of the domestic economy and reshuffling of industries, equity investment and financing activities are thriving, with particularly vibrant acquisitions in real estate, culture and tourism, and innovation and technology. Equity investment and...
Stephenson Harwood welcomes two partners

Stephenson Harwood Hong Kong office welcomes two partners

Dorothy Siron, former co-managing partner of Zhong Lun Law Firm’s Hong Kong office, and Danny Kan, the former overseas chief counsel at Ping An Insurance, has joined Stephenson Harwood in the city as partners. Siron...
AstraZeneca’s Gracell purchase

Six firms assist on AstraZeneca’s USD1.2bn Gracell purchase

Six firms act for parties involved with Anglo-Swedish pharmaceutical giant AstraZeneca’s acquisition of Chinese peer Gracell Biotechnologies for USD1.2 billion, which will be completed in the first quarter of this year. After the transaction, Gracell...
Tian Yuan opens in Zhengzhou

Tian Yuan opens in Zhengzhou to lift Central Plains presence

Tian Yuan Law Firm has established a Zhengzhou office to strengthen its presence in the Central Plains region. With a team of 150 professionals, the Zhengzhou office offers services in areas including comprehensive land utilisation...

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