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It seems that China is putting an end on anonymous and pseudonymous Internet activity while billing severe new restrictions on Internet use by Chinese citizens as necessary to combat spam and protect individuals’ personal information. Though China does not currently have a comprehensive legal framework to regulate the collection, (including process and retain) and disclosure …

Privacy and disclosure of personal information in the online dimension Read More »

Originally, this term OEM (original equipment manufacturer)  was intended as a company that supplied equipment to other companies to resell or incorporate into another product using the reseller’s brand name. More recently, OEM is also used to refer to the company that acquires a product or component and reuses or incorporates it into a new …

Original Equipment manufacturing and its implication for trademark infringement Read More »

Today this entry is dedicated to the Internet not only because this theme is growing of importance , but also because the modality in which users are accessing to the “Net” is changing, and it is worth to have a close look at this phenomenon. More Chinese citizens than ever have access to the Internet …

Smart-phones contributed to the increased number of Internet users Read More »

The Big 4, also known as the ‘Final 4’, are the four largest international accounting and professional services firms. The Big 4 audit the majority of all publicly-traded companies. PricewaterhouseCoopers, Ernst & Young, Deloitte Touche Tohmatsu and KPMG make up the Big Four. This is impressive, and we all admire these firms, but here at …

One of the big 4 a bit burned by China Read More »

The purpose of this entry today is to highlight some important aspects on the protection of the minority interest when structuring an investment in China. The choice of foreign investors on the most appropriate form of investment to be adopted in China mainly depends on their business strategies, financial resources available, nature of the investment, …

Considerations on the choice of the investment options and concerning protection of minority interests Read More »

An alternative investment option to WFOEs and JVs is a foreign-invested company limited by shares (FICLS). Therefore, today the present entry is about the Foreign Company Limited by Share. This instrument is rarely considered because it is a little bit more complicated to structure, and because even though big companies are considering China the next …

Investment vehicles: Foreign Company Limited by Shares Read More »

Corporate governance of a CJV Today, as anticipated, with the present entry I am going to complete the exposition about the functioning of this investment vehicle, i.e. the CJV, adding some information about the corporate governance. Regardless of whether or not the CJV has the ‘status’ of a legal person, it must be administrated jointly …

Investment vehicles: the Contractual Joint Venture (Part 2 of 2) Read More »

Western businesses it appears are turning their eyes to Cambodia and away from China. As China becomes less and less attractive, Cambodia is beginning to reap the benefit.  The “New York Times” “Global Business” site ( www.nytimes.com ) posted an article on April 8, 2013, which examines a trend that may well continue and spread …

Goodbye China, Hello Cambodia. Read More »

Introduction to the Sino-Foreign Contractual (or “co-operative”) Joint Venture (CJV ) Today this entry is dedicated to the so called “contractual joint venture.” Subsequent to the equity joint ventures, the contractual joint ventures (CJV) were introduced with the structure of a partnership. The use of a CJV has introduced a more flexible investment instrument in …

Investment vehicles: the Contractual Joint Venture (Part 1 of 2) Read More »

Corporate governance of an EJV Today, as promised, I am going to complete the exposition about the functioning of the EJV adding some very important information about the corporate governance. With regards to the governance of a EJV, it is necessary to point out that the Board of Directors represents the highest organ of power …

Investment vehicles: the Equity Joint Venture (Part 2 of 2) Read More »