201708.18
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New Guidelines on China Outbound Investment

On August 18 2017, China’s State Council published Guiding Opinions on Further Guiding and Regulating Outbound Investment Orientation (the “Guidelines”) which are collectively issued by the National Development and Reform Commission (“NDRC”), Ministry of Commerce (“MOFCOM”), People’s Bank of China (“PBOC”) and Ministry of Foreign Affairs. Comparing to the previous regulations such as Outbound Investment…

201707.30
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New Revision on Record-filing of the Establishment and Change of Foreign-invested Enterprises

On July 30, 2017, the Ministry of Commerce (“MOFCOM”) issued two important regulations relating to foreign investment in China, one is the Decision on Revising the Interim Administrative Measures for the Record-filing of the Establishment and Change of Foreign-invested Enterprises (the “Decision”) and the other is Notice on Matters Related to the Administration of the Record-filing of…

201707.28
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El Mercurio – Legal: China – sobre contingencias legales

En el marco de la reciente profundización de las relaciones comerciales y acuerdos bilaterales entre China y Chile, es importante observar que aún muchas empresas chilenas desarrollan estrategias de negocio con o desde China sin comprender cabalmente las implicancias legales de las mismas. El sistema legal chino no solo presenta particularidades formales y su complejidad…

201604.12
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The Application of the Company Law regarding the Corporate Resolution

On April 12, 2016, the Supreme People’s Court issued the Provisions of the Supreme People’s Court on Issues Relating to Application of Company Law of the People’s Republic of China (IV) (Draft for Public Comments) (“Provisions”). The Provisions mainly focus on the following contents: 1.    The validity of the board of shareholders’ meeting resolution, or…

201511.26
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Reforming on Registered Capital Registration System of Foreign Invested Enterprise

On October 28, 2015, the Ministry of Commerce of People’s Republic of China issued the Decision of the Ministry of Commerce on Revising Certain Regulations and Normative Documents (“Decision”), which took effect on the same day. The Decision aims to deepen the reform of foreign investment enterprises (“FIE”) in respect of registered capital registration system…

201510.23
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Opinions of the State Council on the Implementation of the Market Access Negative List System

On October 02, 2015, State Council of People’s Republic of China (the “China”) released Opinions of the State Council on the Implementation of the Market Access Negative List (the “Negative List”) System (the “Opinions”). The Draft will come into effect as of December 1, 2015 and shall remain in force till December 31, 2017. The…

201508.13
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Reply of the Supreme People’s Court on the Request of the Shanghai High People’s Court for Instructions on the Cases Involving the Judicial Review of Arbitration Awards Made by the CIETAC and its Former Sub-Commissions

On July 15, 2015, the Supreme People’s Court has issued the Reply on the Request of the Shanghai High People’s Court for Instructions on the Cases Involving the Judicial Review of Arbitration Awards Made by the CIETAC and its Former Sub-Commissions (the “Reply”). The Reply, once taking into effect dated on July 17, 2015, will…

201412.30
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The Measures for Administration of Individual Income Tax on Income Derived from Equity Transfer (for Trial Implementation)

On December 7, 2014, the State Administration of Taxation has issued the Measures for Administration of Individual Income Tax on Income Derived from Equity Transfer (for Trial Implementation) (the “Measures”). The Measures, once taking into effect on January 1, 2015, will abolish the Notice of the State Administration of Taxation on Strengthening Administration of the…