June 2013

What Conditions for a FIE borrowing Foreign Debt

For working capital or other reasons, a foreign invested enterprise(“FIE”) may consider loaning money from overseas entity or individual. Under PRC legal scheme, such loan will be deemed to be foreign debt and a FIE need to satisfy the following conditions before a FIE borrows foreign debt: –          the percentage of the contribution by the …

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EU-China investment agreement in the pipeline to boost (business) relationship

Today I would like to complete the description of the (business) relationship between China and the European Union, specifying some details about a new possible agreement which will boost not only investments in China realized by EU investors, but also the good “momentum” for Chinese investments in the old Europe. The European Commission in fact …

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Formalities for Setting up a Foreign-Invested Travel Agency

In this entry I would like to expose briefly the procedure for setting up a foreign-invested travel agency. I have already illustrated the content of the Regulations adopted in 2009 ( http://blawg.lehmanlaw.com/wordpress/?p=1921 ), i.e.      “The Travel Agency Regulations 2009” (available in English at: http://ebookbrowse.com/cnta-regulation-on-travel-agencies-pdf-d432289434 ) which allow the establishment of a foreign-invested travel agency, and …

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What Issues should be Stated in an Employee Handbook

After establishing a foreign invested enterprise in China, foreign investor then needs to consider establishment of labor system in the company. They need to craft employment contract, non-compete agreement, and also employee handbook to make sure the company will operate very well.. The company usually wonder what issues should be stated in an employee handbook. …

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Should a Company Seek Approval from Employees about Formulation of the Employee Handbook

In practice, some lawyers believe that when a company intends to adopt employee handbook, they need to seek approval from the employees about the content of the employee handbook and then the employee handbook will become valid. We would believe that is not a correct understanding about validity of an employee handbook. Article 4 of …

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