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The State Administration of Foreign Exchange has issued a series of policies on foreign direct investment (“FDI”) in order to optimize the procedure of the government’s scrutiny to improve the investment environment. More specifically on May 10, 2013, the State Administration of Foreign Exchange (“SAFE”) released the “Regulations on the Foreign Exchange Administration of Domestic …

China Simplifies Rules on Foreign Exchange Administration of Foreign Direct Investment Read More »

A foreign invested enterprise in China which is engaged in real estate business(“FIE”) would face the shortage of project capital. Then a real estate FIE is allowed to borrow foreign debt to ease capital shortage? According to the latest internal rules issued by State Administration for Foreign Exchange of PRC, a real estate FIE, which …

Is a Real Estate FIE Allowed to Borrow Foreign Debt Read More »

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 …

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

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 …

What Conditions for a FIE borrowing Foreign Debt Read More »

Today this entry is dedicated to the analysis of the importance of the Chinese market for the foreign investors and in particular for European companies. As an Italian citizen working in a Chinese Law Firm it is interesting to note how my compatriots and other European citizen find extremely attractive my position. Sometimes I feel …

China remains a key market for foreign investments Read More »

Under PRC legal scheme, if a foreign investor intends to set up a representative office(“RO”) in China, they need to carry out registration procedure(please note that they are not required to seek approval from the local counterpart of Ministry of Commerce for the formation of RO, which is different from formation of a foreign invested …

General Introduction to Representative Office Read More »

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. …

What Issues should be Stated in an Employee Handbook Read More »

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 …

Formalities for Setting up a Foreign-Invested Travel Agency Read More »

This entry is dedicated to the China currency, in fact, recently the Chinese yuan is playing a central role on the international stage, and for sure it will gain more attention in the near future. It is a fact that the ‘people’s currency’ or rmb or yuan, namely the China’s currency is redefining the global …

The new role of the yuan Read More »

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 …

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