201604.12
0

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…

201604.04
0

Analyses on Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Property Law of the PRC (I)

The Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Property Law of the PRC (I) (the “Interpretation”) was promulgated on February 22, 2016, and came into effect on March 1, 2016. 1. Registration of Immovable Property and Confirmation of the Ownership of Property Rights 1.1 The Filing of Immovable…

201511.26
0

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
0

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
0

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
0

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…

201412.02
0

Key Issues Regarding the Administrative Measures on the General Anti-Avoidance Rule (for Trial Implementation)

On December 2, 2014, the State Administration of Taxation (“SAT”) issued the Administrative Measures on the General Anti-Avoidance Rule (for Trial Implementation) (the “Measures”), which will be effective on February 1, 2015. Although principles on the application of general anti-avoidance rules (“GAAR”) were included in Corporate Income Tax Law of People’s Republic of China (“CIT…

201410.31
0

New Adjustments on the Catalogue of Investment Projects Approved by the Chinese Government

On October 31, 2014, the State Council issued the Circular on promulgating the Catalogue of Investment Projects Approved by the Government (2014 Version) (the “New Catalogue”), which took effect on the same day. The New Catalogue has superseded the Catalogue promulgated on December 2, 2013 (the “Old Catalogue”). Compared to the Old Catalogue, several changes…

201409.06
0

New Rules Simplify the Filing and Approval of Outbound Investment Projects

On September 6, 2014, the Ministry of Commerce (“MOFCOM”) issued the Outbound Investment Management Rules (the “Rules”), which took effect on October 6, 2014. The Rules have replaced old MOFCOM regulations regarding Chinese outbound investment projects. On April 8 2014, the National Development and Reform Commission (“NDRC”) issued a regulation regarding measures for the administrative…

201406.17
0

Significant Changes to Several Requirements on Registration of Foreign Invested Enterprises in China

On June 17, 2014, the Ministry of Commerce of China issued a notice regarding the improvement of review & approval and statistical rules of foreign investment in China (the “Notice”) and the Notice shall take effect as of its promulgation date. The Notice revised several important issues regarding the review and approval of registration of…