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Notice On Identifying And Concluding The “Beneficial Owner” UnderThe Double Tax Agreement

If two countries enter into Double Taxation Agreement, investors of both countries enjoy special treatment in respect of dividends, interest, and royalties. The State Tax Administration issued the Notice which addresses on identification and determination of a “Beneficial Owner” under the Double Tax Agreement. Qualification of a “beneficial owner” under the Notice The Notice defines …

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AML Update: Salt Reforms

Sam Engutsamy, January 20 2010. Having been operational for over 2000 years, China’s monopoly on the sale and production of salt appears to be drawing to an end. The National Development and Reform Commission (“NDRC”) are looking to submit proposals to the State Council to bring a conclusion to the two thousand year old monopolistic …

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Tax updates 2010

A. State Council’s “Notice on the Promotion of Stable and Sound Development of the Real Estate Market” Recently released by the State Council, the Notice on the Promotion of Stable and Sound Development of the Real Estate Market (“the Notice”) outlines that down payment mortgage ratios shall not be less than forty percent where a …

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The First Lawsuit Over the Google Books Project In China

Tsolmon Shar In October 2009, the lawsuit was filed under the Chinese Court against Google by a Chinese author Mian Mian upon violation of her copyright. The author Mian Mian argued that Google scanned her latest novel entitled “Acid House” into its online library without her permission. Mian Mian, a counterculture writer known for her …

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Ed Lehman Named One of China’s Top Immigration Lawyers.

Edward Lehman of Lehman, Lee, and Xu has been named one of the best Immigration lawyers in China by the International Legal Who’s Who 2010. This award accompanies Mr. Lehman’s award from the same publication as one of China’s best Trademark lawyers and one of China’s best Franchise lawyers. Who’s Who is an independent research …

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The Administrative Measures for the Establishment of Partnership Enterprises in China by Foreign Enterprises or Individuals

On August 19, 2009, Administrative Measures on the Establishment of Partnership Enterprises by Foreign Enterprises or Individuals ( 外国企业和个人在中国境内设立合伙企业管理办法, “FIP Measures” ) was issued by the State Council, which will be effective on March 1, 2010. The key issues concerning the Measures According to the FIP Measures foreign individuals or enterprises are allowed to establish …

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China faces renewed concerns after contaminated milk product are found

Actions have been implemented to bring criminal proceedings against Shanghai Panda Diary Co (“Panda”) after milk products were found to contain high levels of the chemical melamine. This recent discovery follows on from the 2008 incident where milk and infant formulas also containing melamine, affected over 300,000, led to the death of six infants, and …

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The Law On Prohibiting Mineral Explorations in Forest Reserves and River Basins will affect more than 500 license holders

By Tsolmon Shar 07 Januray 2009 On 16 July 2009, The Parliament of Mongolia (The State Great Khural) adopted the Law on Prohibiting Mineral Explorations in Forest Reserves and River Basins. According to the new Law, it is strictly prohibited to explore and mine the minerals in the area of forest reserves and river basins. …

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Hong Kong: Contracts

The first two requirements are some what straightforward. One example of offer and acceptance could be where Party A agrees to fix Party B’s car for X dollars if Party B then agrees to this a legally binding contract has been formed. Consideration can be an exchange of anything of value between the two parties. …

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