September 2011

WFOE and RO Basics – Step one in Setting up a Company in China

Is your business considering doing business with China? Step one—you must be aware that many foreign companies will choose either a Representative Office (RO) or a Wholly Foreign Owned Enterprise (WFOE) to do business in China. If you’re seriously considering how to setup operations in China, take a look at the following top 2011 China …

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U.S. Ambassador to China Gary Locke Asks China for Market Access and Financing Options

Recently a Bloomberg article entitled “China Causing ‘Growing Frustrations’ With Curbs on Businesses, Locke Says” spliced Locke commentary gathered at an American Chamber of Commerce hosted event. Locke was quoted as saying “There is a gap between the goals China identified in its five-year plan and the steps it is taking to achieve them.” The …

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Interim Rules on the Assessment of the Impact of Concentrations on Competition of China

The Interim Rules on the Assessment of the Impact of Concentrations on Competition of China has been taken effect on 5 Sep 2011. The rules provide the first guidance from the Ministry of Commerce (“MOFCOM”). The Rules details the five AML factors and the Assessment Rules make clear that MOFCOM will analyze a transaction for …

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Individual Income Tax Law of the People’s Republic of China (New Version)

On 1 Sep 2011, the new version of Individual Income Tax Law of the People’s Republic of China (2011 Revision) became into effect and the taxable income is calculated monthly by subtracting a standard monthly deduction from income. The new income tax rules increase the standard monthly deduction from RMB2,000 to RMB3,500. In an attempt …

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Chinese regulations regarding to Asset management service

Two regulations have been introduced for asset management service for clients of fund management companies: Trial Measures for Fund Management Companies’ Asset Management Services for Designated Clients and Guidelines on the Content and Format of Asset Management Contracts of Fund Management Companies for Single Clients (revised in 2011). Qualification requirements for fund management companies applying …

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Administrative Measures has been amended on Material Asset Reorganization of Listed Companies

China Administrative Measures for Material Asset Reorganization of Listed Companies (the “Measures”) has been amended by China Securities Regulatory Commission (CSRC). Any reorganization subject asset in the context of back-door listing should meet, among other things, particular financial standards and existence term requirement and it also require that any company intended for back-door listing should …

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The Changes on Franchise Specific Legislation

In China, the franchise specific legislation regulates the franchise disclosure and franchise registration. The Chinese Ministry of Commerce (“MOFCOM”) has amended the provisions related to disclosure and registration. The most important changes has listed as follows: On registration, regarding to “2+1” rule, a number of improvements has been introduced. The most important improvement is the …

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Lehman Lee & Xu has won “China Finance Law Firm 2011″ award by ICFM

Lehman Lee & Xu has won “China Finance Law Firm 2011″, a prestigious intercontinental finance magazine 2011 law award. Intercontinental Finance Magazine (short for ICFM) has a readership of over 98,000 industry peers across the globe and it has become an industry leading publication, providing its readership with informative reporting and highlighting the very best …

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Private Interests or Public Interest?

In case Kingsoft v. Zhou Hongyi (of Qihoo 360), the first decision indicates that the limits and duty of care with respect to Zhou Hongyi’s weibo freedom of speech ‘should consider whether it touches on a matter of the public interest and therefore is protected’. Furthermore, the court indicated that “微博为实现宪法所保障的公民言论自由提供了一个平台”(Weibo provides a flat for …

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