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hard-talk-gc-survey

Hard talk

Do you really want to find out? Our survey gets the real opinions of regional in-house counsel when it comes to legal services from law firms, and they’re not pulling any punches. Putro Harnowo reports Having law firms on your...
Role Assistant General Counsel/Advisor - Legal Department Location Washington DC, USA Job Description The Legal Department of the International Monetary Fund (IMF) is seeking to fill a three-year term Assistant General Counsel (AGC)/Advisor position focusing on good governance and anti-corruption to help meet the...
China is on track to set up its third stock exchange, this time in Beijing, to support innovative small and medium-sized enterprises (SMEs). The plan for the Beijing Stock Exchange (BSE) was revealed by President Xi Jinping at the opening...
China launched the long-awaited southbound leg of Bond Connect on 24 September, lowering barriers for mainland institutional investors trading in offshore debts. The scheme completes the loop for the bond trading link between the mainland and Hong Kong – more...
AnJie Law Firm in China has entered into a merger agreement with another major Chinese law firm, Broad & Bright, to form Anjie & BB Law Firm in January 2022, representing one of the largest law firm mergers in...
Shardul Amarchand Mangaldas & Co (SAM) has launched an e-learning platform for its continuing cloud-based and artificial intelligence-enabled legal education effort. The platform, CLEmentine, contains curated video content and more than 200 courses. Deepa Mookerjee, head of learning and development at...
Arjun-Goswami-Cyril-Amarchand-Mangaldas-oct2021

India-Singapore corridor bridges fintech regulatory hurdles

By Arjun Goswami, Cyril Amarchand Mangaldas
The fourth industrial revolution has allowed fintech companies to transform the delivery of financial services through technology and innovation-driven efficiency and inclusive access. Technology has automated financial services and products as well as processes like risk management. The scale...
Setting-the-line-between-innovation-and-privacy-L

Setting the line between innovation and privacy

By Seerat Bhutani and Ashima Obhan, Obhan & Associates
Popular movies envisage futures in which advanced artificial intelligence (AI) becomes too powerful, enslaving and controlling humans. While the idea of world domination by AI may be far-fetched, the increasing and unregulated use of AI certainly poses a risk...
China Business Law Journal

Turning the tide

Just as we were nearing the end zone of the covid ordeal, a wave of radical regulatory reforms has surged over the beachline of corporate compliance, bringing with it a flow-on of business transformations. On the bright side, however,...
Asia eyes Jersey digital asset funds, Susan McKinstray, Carey Olsen

Asia eyes Jersey digital asset funds

By Susan McKinstray, Carey Olsen
There has been a surge in Asia-based fund managers looking to establish digital asset funds and holding structures in Jersey The digital assets space, similar to the durian fruit, can divide opinion. With a global crypto market cap of USD2.3...
NFT regulations comparison, Lee and Li, Taipei, Taiwan

NFT regulations in Taiwan

By Abe Sung and Eddie Hsiung, Lee and Li
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan Taiwan New applications of cryptocurrency and blockchain...
NFT regulations comparison, Gorriceta Africa Cauton & Saavedra, Metro Manila, Philippinesvideo

NFT regulations in the Philippines

By Mark Gorriceta, Liane Stella Candelario and Richmond Montevirgen, Gorriceta Africa Cauton & Saavedra
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan The Philippines A recent primer by the...
NFT regulations comparison, TMI Associates, Tokyo, Japan

NFT regulations in Japan

By Masakazu Iwakura, Atsushi Igarashi and Haruo Narimoto, TMI Associates
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan Japan Non-fungible tokens (NFTs) in the art,...
NFT regulations comparison, Guido Hidayanto & Partners, Jakarta, Indonesia

NFT regulations in Indonesia

By Naufal Fileindi and Muhammad Fernanda Dharmawan, Guido Hidayanto & Partners
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan Indonesia The recent surge in non-fungible tokens...
NFT regulations comparison, Sujata Chaudhri IP Attorneys, Noida, India

NFT regulations in India

By Sujata Chaudhri, Urfee Roomi and Rishikaa, Sujata Chaudhri IP Attorneys
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan India Non-fungible tokens (NFTs) have been a...
Lexicon

‘Twin Peaks’ financial regulation

By Andrew Godwin
SINCE 1998, almost 80% of OECD countries have changed their regulatory architecture. The growing complexity of financial products, the increasing challenge of regulating large financial conglomerates, and the global financial crisis (GFC) have made effective regulation a key priority for...
A Simmons & Simmons lawyer who was instrumental in advising guarantors on a recent issuance of Asean green bonds says finance sectors are growing more interested in the instrument in the region as environmental, social and governance (ESG) concerns...
As the voices surrounding environmental, social and governance (ESG) have grown louder, the managing partner of Singapore law firm WongPartnership, Ng Wai King, has seen financial institutions leading the conversations. Ng, who set up a “sustainability and responsible business practice”...
White & Case has hired Kang Sungjin as a partner in its global project development and finance practice in Seoul, and Naoya Shiota as a partner in its global M&A practice in Tokyo. Kang joined from Latham & Watkins in...
As awareness on environmental, social, and governance (ESG) increases in Asian markets, Linklaters has hired energy and construction lawyer Mark Veitch as head of Asia construction in its energy and infrastructure practice in Singapore, and appointed a Hong Kong-based...
Following a Thailand government initiative to develop closer financial integration in the region, Thai firm Tilleke & Gibbins has anticipated a surge in cross-border transactions and has hired a corporate lawyer. The firm hired Derrick Khoo as a partner in...
McDermott Will & Emery has launched a new office in Singapore to oversee its client base across Asia and expand its outreach in the Asia-Pacific. The law firm also hired partner Alfred Chia and counsel Dawn Tan and Melissa Kwek...
Role Corporate Associate (5-7 PQE) - 16728/VTA Location Beijing, China Job Description An exciting new role has become available in an international law firm in Beijing. One of the Asia-Pacific’s premier law firms with a strong presence in China is seeking an ambitious Corporate...
GCCL Infrastructure & Projects (GCCL) has become the first to initiate the pre-packaged insolvency resolution process (PIRP), which was subsequently admitted by the Ahmedabad bench of the National Company Law Tribunal. To deal with the financial and economic distress of...
The Gujarat High Court, on 27 August 2021, in the case of Pravinsinh Indrasinh Mahida v State of Gujarat, struck down the Gujarat Co-operatives Societies (Amendment) Act, 2019, by ruling that the legislation was “unconstitutional, absurd, manifestly arbitrary and...
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan India Non-fungible tokens (NFTs) have been a...
John-Miers-L

Putting zip in your Zoom

By John Miers
Were your colleagues’ eyes glazing over at your last Zoom meeting? Do webinar audiences nod off before you finish a sentence? Communications expert John Miers reveals tips for engaging your virtual audience and putting some zip in your Zoom We...
SPACs

SPACs on the rise in Asia

By Matt Roberts, Maples Group
The explosive growth of special purpose acquisition companies (SPACs) in the US is coming to Asia. While the hype is immense, as our SPAC Super League report points out, companies and investors need to do their homework before jumping...
SPAC

Lessons for APAC de-SPACs

By Derek Liu, Michelle Heisner, Derek Poon, and Ashok Lalwani, Baker McKenzie
The explosive growth of special purpose acquisition companies (SPACs) in the US is coming to Asia. While the hype is immense, as our SPAC Super League report points out, companies and investors need to do their homework before jumping...
SPAC

Bracing for SPAC impact

The explosive growth of special purpose acquisition companies (SPACs) in the US is coming to Asia. While the hype is immense, as our SPAC Super League report points out, companies and investors need to do their homework before jumping...
SPAC

SPAC super league

SPACs have climbed into the big league of capital markets, so we crunched the stats on Asia-related SPAC listings to find the highest performing legal advisers. Mithun Varkey reports, with research by Miran Lim As the pandemic has clutched the...
Deals-in-Brief---September-2021

Deals in brief

Ikigai, JSA assist crypto exchange on fundraise Ikigai Law advised fintech company Primestack, which operates the cryptocurrency exchange CoinDCX, when it raised INR6.7 billion (USD90 million) in a series C funding. The round was led by B Capital Group and included...
News-in-Brief-Sep

News in brief September 2021

KHAITAN OPENS IN SINGAPORE Khaitan & Co announced the opening of its first international office at Ocean Financial Centre, Raffles Place, in Singapore on 26 August. The 800-lawyer firm said Karun Cariappa, who was previously at Simmons & Simmons and...
India-gaming-regulatory-body

Need for judicious regulations in gaming

By K Premchandar and Shrivatsav N, Anand and Anand
A regulatory body is needed to classify games on the basis of whether they involve skill or chance, write K Premchandar and Shrivatsav N It has been law in India since 1957 that if a game is one of skill,...
insolvency bankruptcy

What to expect from India’s amendments to CIRP regulations

By Shardul Shroff and Shreya Prakash, Shardul Amarchand Mangaldas & Co
On 30 September 2021, the Insolvency and Bankruptcy Board of India (IBBI) issued amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2021. Briefly, these amendment regulations make three modifications to the IBBI (Corporate Persons...
The-legality-of-games-of-skill-Suhaan-Mukerji-Founding-Partner-PLR-Chambers

The legality of games of skill

By Suhaan Mukerji, PLR Chambers
Whether played online or offline, games of skill are judicially protected and cannot be viewed as gambling, writes Suhaan Mukerji Playing games of skill such as rummy or bridge has been judicially held to be not akin to gambling...
HKIAC-option-to-fast-track-arbitrations

HKIAC option to fast-track arbitrations

By Hu Sicen, HKIAC
In an effort to promote efficiency in arbitration, the Hong Kong International Arbitration Centre (HKIAC) first introduced an expedited procedure in the 2008 HKIAC Administered Arbitration Rules, and incorporated new features to this procedure in the 2013 rules. The...
Applicant D (the claimant in this arbitration case) is a Chinese enterprise, while the respondent V (the first respondent in the case) is an enterprise registered in Ontario, Canada. D and V signed a series of auto parts production,...
Tribunal-composition-in-multi-party-arbitration-agreements

Tribunal composition in multi-party arbitration agreements

By Zhao Ke, BAC/BIAC
With arbitration becoming increasingly popular for resolving commercial disputes, more parties are agreeing on specific procedure matters in their arbitration clauses, including the composition of the arbitral tribunal. When there are multiple parties in a case, misunderstandings and even...
The Seed Law (Draft Amendment) was published for comment on 20 August 2021. Amendments were last made to the Seed Law in 2015, which brought the protection of plant variety rights (PVR) from the level of administrative rules to...
On 20 August 2021, the Standing Committee of the National People’s Congress passed the Personal Information Protection Law (PIPL). With the PIPL, China is stepping into a more robust and comprehensive personal information protection regime by establishing a unified,...
Deal-highlights-Sep2021

Deal highlights

MERGERS & ACQUISITIONS Tencent has completed the takeover of Chinese search engine operator Sogou in a USD3.5 billion deal on 23 September. After the transaction, Sogou delisted from the New York Stock Exchange, becoming a wholly owned subsidiary of Tencent. The...
Kewei Law Firm has hired leading intellectual property (IP) partner Lei Peng, adding IP disputes and patent expertise to the firm’s joint operation with Herbert Smith Freehills. Lei specialises in complex IP, patent and antitrust-related litigation across industries, particularly manufacturing,...
Dentons has recruited David Blumenfeld as head of real estate for the Asia-Pacific. Based in Hong Kong, Blumenfeld will lead cross-border investment transactions and work closely with Dentons’ 200 real estate lawyers in Shanghai, Singapore, Sydney, Seoul and more...
Harneys has appointed Calamus Huang as a partner in Shanghai. Huang joins the team from Sidley Austin, where she spent 10 years in the firm’s China corporate practice based in Shanghai. Prior to that, she worked in the Hong Kong...
FenXun Partners has hired Stella Hu as senior counsel of its capital markets team. Based in Beijing, Hu will be collaborating with teams throughout China, as well as lawyers in the capital markets group of Baker McKenzie through the...
Beijing-headquartered Hylands Law Firm has received the green light to set up a new office in Tianjin, which is the 20th branch of the firm. With three partners, the new office will be led by partner Duan Lei and handle...
Shihui Partners has made strategic recruitments to expand its Beijing office capabilities in the areas of cybersecurity and data protection, and labour law. The law firm hired Raymond Wang and his team, which includes some senior associates, to boost the...
zhong Lun law firm

Zhong Lun hires five partners

Zhong Lun Law Firm has appointed Chen Xinfan, Julie He, Liu Xiaoyan, Xu Kaichen and Zou Kun as partners and senior consultants in four mainland offices. Based in Hangzhou, Chen is focusing on real estate development projects, construction projects and...
Cooley advised Bangalore-based wealth management platform Groww on its USD251 million series E equity funding round, which was led by Iconiq Growth and included new investors Alkeon, Lone Pine Capital and Steadfast, as well as existing investors Sequoia Capital...
Dua Associates advised Ritika, owned by fashion designer Ritu Kumar, when Reliance Retail Ventures acquired 52% of the company, which included a 35% stake owned by Everstone Capital. Khaitan & Co advised Reliance Retail Ventures, while Bengaluru-based Starlaw Partners advised...
AK Law Chambers advised for baby products seller R for Rabbit and its promoters when it recently raised INR400 million (USD5 million) from Xponentia Capital Partners, which was advised by IC Universal Legal. The deal closed on 8 October. AK...
AZB & Partners advised FSN E-commerce Ventures, which operates beauty brand Nykaa – and its promoter selling shareholder, Sanjay Nayar Family Trust – in its recent INR53.5 billion (USD718 million) IPO. Cyril Amarchand Mangaldas (CAM) advised the lead managers on...
AZB & Partners advised Tata Digital, a subsidiary of Tata Sons, when it recently acquired a majority stake in 1MG Technologies, a digital health platform. IndusLaw advised 1MG Technologies. The deal, in which Tata will acquire more than 50% of 1MG’s equity,...
DMD Advocates advised National Stock Exchange of India and BSE-listed Escorts when Japanese agriculture and heavy equipment manufacturer Kubota Corporation agreed to increase its shareholding from 9.09% to 53.5% and become a joint promoter. The deal, valued at INR93.7 billion...
AZB & Partners advised Bharti Airtel on its recently concluded INR209 billion (USD2.8 billion) rights issue of partly paid-up equity shares, while Linklaters was sole international counsel to the lead managers and Shardul Amarchand Mangaldas & Co (SAM) advised...
Two major BlackRock investments in solar and wind power in South Korea support evidence that the Asia-Pacific is leading the world in renewable energy development and investment, said a Linklaters lawyer familiar with the deal. BlackRock Real Asset, a subsidiary...
A Cooley partner who led the law firm’s team on assisting Japanese buy now, pay later (BNPL) firm Paidy to sell its business to PayPal says the trend of international players aiming at the region’s fintech sector is on...
The digital asset space in the Philippines is a hive of activity and opportunity, notes the lawyer who led a K&L Gates team advising Hong Kong-listed listed digital asset and fintech company BC Technology Group on its investment in...
A key lawyer advising Japan’s JERA on its stake in Philippine renewable energy provider AboitizPower used the deal to illustrate the keenness of nations to jump on board this new sector, but also the complex regulatory red tape that...
Vietnam has become a hotbed of international interest for land and construction transactions, said a lawyer with Indochine Counsel who recently advised domestic construction and engineering company TLC Modular in selling its majority stakes to Goldman Sachs Asset Management. Indochine...
Sonam Gupta Partner Bharucha & Partners

SC overreach undermines the purpose of IBC

By Sonam Gupta, Bharucha & Partners
The Supreme Court in Dena Bank (now Bank of Baroda) v C Shivakumar Reddy held that a money decree or adjudication of a claim creates a fresh cause of action for a financial creditor to initiate the corporate insolvency...
Do lawyers have an increased responsibility in averting a climate catastrophe? Vandana Chatlani reports

Burning question

Do lawyers have an increased responsibility in averting a climate catastrophe? Vandana Chatlani reports In August, the Intergovernmental Panel on Climate Change (IPCC), a UN body for assessing the science related to climate change, published a damning report on the...
Role Associate/Senior Associate, General Banking & Structured Finance (3-8 PQE) - 16721/VTA Location Hong Kong, China Job Description This is an exciting opportunity for a banking and structured finance associate to join a world-renowned offshore firm. They are looking to grow their energized Hong...
Role Corporate Partner (7+ PQE) - 16712/VTA Location Singapore Job Description This US/Singaporean JLV is looking to bolster its corporate offering with a partner-level hire. Contact details https://www.hughes-castell.com/jobs_inner.php?pid=96     APPLY NOW
Yao Xiaomin-Partner and Wang Yao-associate-Lantai-Partners-兰台律师事务所合伙人姚晓敏-律师王瑶

Commercial banks and protection of personal information

By Yao Xiaomin and Wang Yao, Lantai Partners
Protecting clients’ personal information is one of the most fundamental principles of banks and other financial institutions. With the successive promulgation of the Civil Code, the Data Security Law and the introduction of the Personal Information Protection Law (PIPL),...
刘建强-FRANK-LIU-上海市太平洋律师事务所合伙人-Partner-Shanghai-Pacific-Legal-

Good communication – the secret sauce in IP protection

By Frank Liu, Shanghai Pacific Legal
After completing the regular background research and preliminary preparations in a recent trademark infringement and unfair competition case, we held a short meeting with the client and its legal team, during which we set out a precise and pertinent...
王振翔-WANG-ZHENXIANG-竞天公诚律师事务所合伙人-Partner-Jingtian-&-Gongcheng

Investing in real estate companies through reorganisation

By Wang Zhenxiang, Jingtian & Gongcheng
Even leading real estate companies have not been exempt from the financial crisis under China’s stringent regulatory environment. As of 24 August, 244 real estate groups declared bankruptcy in 2021 – or almost one a day. As some of...
吴堃-WU-KUN-天驰君泰律师事务所律师-Associate-Tiantai-Law-Firm-L

Relocating? Winning employees over requires careful planning

By Wu Kun, Tiantai Law Firm
There are many reasons why companies migrate, including industry upgrading, environmental issues, expiration of a tenancy or demolition. The process of relocation is often complex, with management having to deal with issues such as disposal of land and premises,...
竞天公诚律师事务所合伙人任国兵、律师易燚-Ren-Guobing-and-Yi-Yi-Jingtian-&-Gongcheng

Capital reserve investment and risk prevention in REEITs

By Ren Guobing and Yi Yi, Jingtian & Gongcheng
Restricted by regulatory policies against “de jure investment, de facto loan”, trust companies in China’s rapidly growing real estate equity investment trust (REEIT) industry have, for the most part, abandoned investment via shareholder loans. In view of the numerous...
Following an extensive nomination process, Asia Business Law Journal reveals the A-List of Thailand’s legal profession. Lim Miran and Putro Harnowo report VIEW THE A-LIST Heavily tourism-reliant Thailand has shouldered a grim burden following the lockdown and travel restrictions accompanying the pandemic....
Singaporean firm Oon & Bazul has hired Benedict Eoon, Jerald Foo, and Priscilla Lua as partners in its litigation and dispute resolution practice. Eoon, a white collar and investigations specialist, joined from Covenant Chambers where he was an associate director...
Dentons has hired Hong Kong-based partner David Blumenfeld as head of real estate in Asia-Pacific. The firm also merged with the Vietnamese law firm, LuatViet, to expand its presence in Ho Chi Minh City and Hanoi. Blumenfeld, who joined from...
Dechert recently hired restructuring lawyer Daniel Margulies to launch the law firm’s financial restructuring practice in Hong Kong. Dechert’s co-chair of global financial restructuring practice in London, Adam Plainer, said that Margulies would expand the firm’s restructuring capabilities in Asia...
Munenori Kaku Tanner de Witt

In-house counsel joins Tanner

Tanner De Witt has hired commercial and regulatory lawyer Munenori Kaku as a consultant in its corporate and commercial practice in Hong Kong. He joined after serving as head of legal at SMBC Nikko Securities in Hong Kong for...
Squire Patton Boggs has hired Singapore-based transactional lawyers Ivan Chia and Perth-based litigation lawyer Hazel Brewer in its corporate practice, and commodities and shipping industry group. Chia and Brewer joined from Holman Fenwick Willan, where both were partners for more...
Edward Bennett K&L Gates

K&L Gates hires funds partner

K&L Gates Straits Law, the Singapore office of K&L Gates, has hired Edward Bennett as a partner to the firm’s asset management and investment funds practice. Bennett joined from Morgan Lewis Stamford, where he was a partner and co-leader...
Stephenson Harwood has hired former private wealth lawyer Suzanne Johnston as a partner in its Singapore office. Johnston joined from UBS where she was director and senior legal counsel of wealth planning in Singapore since 2019. Johnston specialises in international...
Hogan Lovells has appointed partner Gaston Fernandez to head the firm’s Vietnam offices in Hanoi and Ho Chi Minh City from October. He replaces partner Jeff Olson, who has left the firm to join Japanese multinational information technology NTT...
Philippine law firm Martinez Vergara Gonzalez & Serrano (MVGS) has joined Drew Network Asia (DNA), a regional legal alliance comprised of Singapore’s Drew & Napier, Malaysia’s Shearn Delamore & Co, and Indonesia’s Makarim & Taira S, and established in...
In a triumph of sorts for Indian law firm L&L Partners, the firm managed to bring onboard IndusLaw partners Nishant Singh and Sudipta Routh, plus their team of 11 and three lawyers, respectively. An M&A expert, Singh had been at...
Jay Parikh Partner Ayushi Toshniwal senior associate L&L Partners

Amendments to FDI in the telecom services sector

By Jay Parikh and Ayushi Toshniwal, L&L Partners
The Ministry of Finance has released the gazetted copy of the Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2021 (amendment rules). The amendment rules revise the Foreign Exchange Management (Non-debt Instruments) Rules, 2019, with effect from 12 October...
Jivesh Chandrayan Partner HSA Advocates

Analysis of restrictive covenants within employment agreements

By Jivesh Chandrayan, HSA Advocates
Employment agreements, especially at senior management level, are becoming increasingly complex considering the ever-increasing need for protecting trade secrets and business know-how. Consequently, boards and senior management have been imposing restrictive covenants in employment agreements that restrict employees by...
Abhishek Tripathi Managing partner Anura Gupta Principal associate Sarthak Advocates & Solicitors

Benefits of must-run status for renewable energy generators

By Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
To push the green India initiative, the Ministry of Power has recently introduced the Electricity (Promotion of Generation of Electricity from Must-Run Power Plant) Rules, 2021 (rules). Under the rules, renewable power plants are not to suffer any curtailment...
Sawant Singh and Aditya Bhargava, Phoenix Legal

Clarity required on framework for new securitisation

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Securitisation of standard assets is an important tool used by banks and financial institutions to increase liquidity in financial markets and to ensure access to loans and financial products for unbanked sections of society. The Reserve Bank of India...
张莹-ZHANG-YING-国枫律师事务所--授薪合伙人-Salary-Partner-Grandway-Law-Offices-L

Two years old, the Star Market is growing up fast

By Zhang Ying, Grandway Law Offices
Two years after the official launch of the Star Market, Shanghai’s board for tech and innovation stock listings is showing signs of promise, having proved itself a success on the testing field of capital market reform in China. On 22...
The president of the Legal Management Council of the Philippines (LMCP), Arlene Lapuz Ureta, has taken part in discussions during a virtual congressional hearing surrounding the mandated public disclosure of documents, and exceptions to this rule. The hearing was conducted...
While this heralds an era of tightened regulation for medical cosmetic companies, the sector remains an alluring one for investors keen to ride the wave of the “beauty economy”.

Microlender decline raises bankruptcy route dilemma

By Liu Shanqiao, ETR Law Firm
Like mushrooms after rain, China’s microloan companies sprouted and expanded exponentially after the 2008 publication of the Guiding Opinions of the China Banking Regulatory Commission and the People’s Bank of China on the Pilot Operation of Small-sum Loan Companies....
张露-JANE-ZHANG-竞天公诚律师事务所-合伙人-Partner-Jingtian-&-Gongcheng

Investing in the ‘beauty economy’

By Jane Zhang and Dai Jingyu, Jingtian & Gongcheng
Chinese authorities have started a crackdown on illegal medical cosmetic services, with a number of ministries and departments issuing a joint special plan of general rectification from June to December. While this heralds an era of tightened regulation for...
Karan Chandhiok,Vishnu Suresh,Chandhiok & Mahajan

Are territorial restrictions anti-competitive?

By Karan Chandhiok and Vishnu Suresh,Chandhiok & Mahajan
Exclusive distribution agreements restrict or limit the supply, sale or distribution of a product or service to a defined area or to a category of customers. Broadly speaking, these arrangements can take two forms: Restricting “active sales” or sales...
China-Business-Law-Journal--ABS-market-seeks-alternative-financing-avenues

Finding the finance

China’s ABS market has pulled off a remarkable recovery since the pandemic, but the real estate credit crunch and other economic risks have forced businesses to seek new avenues for financing, writes Sophia Luo Amid the twists and turns of...
Satish Anand Sharma and Aniket Sawant, SNG & Partners

Bad bank to be the new banking saviour

By Satish Anand Sharma and Aniket Sawant, SNG & Partners
Financial institutions have been dealing with the non-performing asset (NPA) crisis for many years. The spread of covid-19 has exacerbated adverse cash flow for many businesses, resulting in the non-repayment of loan and interest payments to banks and financial...
Manoj Kumar, Hammurabi & Solomon

2021 act brings LLPs into the modern world

By Manoj Kumar, Hammurabi & Solomon
The Limited Liability Partnership (Amendment) Act, 2021 (act), recently took effect. It introduced significant changes to the Limited Liability Partnership Act, 2008 (principal act), applicable to limited liability partnerships (LLPs). The act makes the following key changes. 1. The act...

New frontiers

As Chinese financial markets become more sophisticated, companies are eyeing new possibilities to unlock value, and intangible assets hold great promise, writes Sophia Luo China restarted its asset-backed securitisation (ABS) business back in 2012, but in recent years, the rapid...
白小莉-BAI-XIAOLI-道可特律师事务所高级合伙人-Senior-Partner-DOCVIT-Law-Firm-曾云-ZENG-YUN

A glimpse at the evolution of commercial libel

By Bai Xiaoli and Zeng Yun, DOCVIT Law Firm
Commercial libel, according to article 11 of the Anti-unfair Competition Law, refers to the fabrication or dissemination of false or misleading information that damages the goodwill or product reputation of a competitor. In its Model Provisions on Protection Against...
India Business Law Journal is pleased to launch the India Business Law Directory 2022 online edition, our multilingual, multimedia guide to Indian law firms. More than 100 Indian law firms are included, and all listings are in Chinese, Japanese and...
Chen Xiuli Partner V&T Law Firmvideo

Current status of CMBS offerings and key concerns

By Chen Xiuli, V&T Law Firm
Based on the core of policy “that housing is for residing, not for speculating”, real estate financing has become increasingly tighter. Given such advantages as long terms, relatively low financing costs, low repayments during the period, flexibility in the...
Fang Rong Partner Han Kun Law Offices

C-REIT pilot projects and development prospects

By Fang Rong, Han Kun Law Offices
The first nine pilot projects for publicly offered infrastructure funds were listed on the Shanghai and Shenzhen stock exchanges on 21 June 2021, marking the official birth of China Real Estate Investment Trusts (C-REITs). To overcome the obstacles of issuing...
Genuineness of assets in securitisation remains key concern 2

Genuineness of assets in securitisation remains key concern

By Fang Yan, DeHeng Law Offices
China has seen a constant stream of innovation in asset securitisation products ever since the 2014 publication of the Regulations for the Administration of the Asset Securitisation Business of Subsidiaries of Securities Companies and Fund Management Companies. Whichever structure...
IBC

Unlocking new pastures for distressed investment in India

By Shardul Shroff and Shreya Prakash, Shardul Amarchand Mangaldas & Co
In the past half-decade, India has seen a great deal of investment and M&A activity in stressed assets. Large parts of this activity have focused on acquiring distressed companies through the Insolvency and Bankruptcy Code, 2016 (IBC). As of...
India-IP-counsel-challenges-LexOrbis-r

Keeping up with IP

India’s IP regime is going through a tumultuous period with the abolition of the IP appellate board earlier this year, the emergence of new technologies, and challenges associated with covid-19 vaccines. We brought together a panel of top experts...
Shilpa Mankar Ahluwalia Partner Shardul Amarchand Mangaldas & Co

Card-on-file tokenisation introduced by RBI

By Shilpa Mankar Ahluwalia and Shobhit Shukla, Shardul Amarchand Mangaldas & Co
On 7 September 2021, the Reserve Bank of India (RBI) issued a directive (CoF directive) extending the existing device-based framework for tokenisation to card-on-file tokenisation (CoFT). The CoF directive followed the RBI’s decision in a circular dated 25 August 2021...
刘琦-TRACY-LIU-竞天公诚律师事务所合伙人-Partner-Jingtian-&-Gongcheng-连煜雄-LARRY-LIAN

Identifying senior management in labour disputes

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
As senior management shoulder multiple layers of duty that include making and implementing corporate decisions, its members are simultaneously considered administrators and employees. In view of their special status, courts in labour disputes involving senior management often give judgments...
彭程-PENG-CHENG-天达共和律师事务所合伙人-Partner-East-&-Concord-Partners-李丹宁-LI-DANNING

Trapped! Overlooked snares in startup investments

By Peng Cheng and Li Danning, East & Concord Partners
Startups often negotiate for private-equity or venture-capital investment when they are experiencing dire capital needs, pushing them to accept harsh terms. This often contributes to the departure of the founders. Is there an alternative? This article looks at several. PRE-EMPTIVE...
Lalit Bhasin, the managing partner of Bhasin & Company and also president of the Society of Indian Law Firms, has been appointed as a senior adviser to the South Asia/Oceania & India committee of the American Bar Association’s international...
Amarjit Singh, the managing partner of New Delhi-based IP boutique Amarjit Associates, has been nominated as president-elect of the Asian Patent Attorneys Association (APAA) for 2021-2023. Singh told India Business Law Journal that he is the first Indian to be...
General Counsels’ Association of India (GCAI) signed a memorandum of understanding (MoU) on 27 September with Rajiv Gandhi National University of Law, Punjab

GCAI forges connections

The General Counsels’ Association of India (GCAI) signed a memorandum of understanding (MoU) on 27 September with Rajiv Gandhi National University of Law, Punjab, to support its academic activities and research. On signing the MoU, GS Bajpai, vice chancellor at...
In a triumph of sorts for L&L Partners, the firm managed to bring on board IndusLaw partners Nishant Singh and Sudipta Routh, plus their team of 11 and three lawyers, respectively. An M&A expert, Singh had been at IndusLaw since...
The government has notified the Plastic Waste Management Amendment Rules, 2021, prohibiting single-use plastic items by 2022. The rules are aimed at reducing waste caused by single-use plastic items, which have become a significant environmental challenge. The manufacture, import, stocking,...
The Karnataka Legislative Assembly has passed the Karnataka Police (Amendment) Bill, 2021, to ban online gambling and betting involving all forms of wagering, including in the form of tokens valued in terms of money paid before or after their...
In an effort to nurture innovation in academia, the government has announced an 80% reduction in patent filing and prosecuting charges for educational institutions. With the amendment, the cost of filings will come down to INR1,600 (USD21) for e-filings and...
India Business Law Journal is inviting nominations for the 2021 Deals of the Year. Please click here to nominate any deals, disputes or intellectual property matters that you feel deserve to be recognised as being among the most significant India-related deals this year. Each...
loeb smith

Regulation of crypto exchanges and other crypto services in Cayman

By Santiago Carvajal, Loeb Smith Attorneys
The Virtual Asset (Service Providers) Act, 2020 (VASP Act) as amended, provides a legislative framework for the conduct of virtual assets business in the Cayman Islands, and the registration and licensing of persons providing virtual asset services. Since the...
The Japan In-House Lawyers Association (JILA), Daini Tokyo Bar Association and the Japan Association for Chief Legal Officers (JACLO) have organised a joint webinar to address how in-house legal departments and external legal resources, including outside officers and external...
Role Legal Counsel, IP/IT (5 PQE) - 16706/VTA Location Hong Kong, China Job Description French luxury group seeks a privacy and information security subject-matter expert to join Asia Pacific’s legal team based in Hong Kong. You will primarily be responsible for providing pragmatic legal...
Role Senior Regional Legal Manager (10+ PQE) - 16693/VTA Location Hong Kong, China Job Description A unique opportunity now exists for a Senior Legal Manager to join the legal team of a house of contemporary fashion brands and take on a regional responsibility role...
Sanjit Kaur Batra has joined Cummins India as its group vice president, legal. Batra has moved from New York Stock Exchange-listed International Flavors & Fragrances, where she was regional legal director for greater Asia since February. She will be based in...
India’s contentious tax dispute with Scotland-based Cairn Energy has come to an end, putting to rest corporate litigation to seize the Indian government’s properties in France, and Air India’s assets overseas. Cairn Energy CEO Simon Thomson said in early September,...
India’s antitrust watchdog has nailed United Breweries, Carlsberg India and Anheuser Busch InBev (AB InBev) for indulging in cartelisation, and the All India Brewers Association has not been spared either for the role it played in facilitating the beer...
叶菲-YE-FEI-金诚同达律师事务所高级合伙人-Senior-Partner-Jincheng-Tongda-&-Neal-解宇昊-XIE-YUHAO-rvideo

Case study: China’s first batch of urban rail ABS projects

By Ye Fei and Xie Yuhao, Jincheng Tongda & Neal
Urban rail transit has long been encouraged and supported by national policy, having been specifically mentioned in the 10th, 13th and 14th five-year plans due to its being a form of large-capacity clean transport and one of the most...

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