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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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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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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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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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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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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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Edward E. Lehman is the Author of China Chapter in Global Law and Business

Edward E. Lehman is the author of China chapter in Global Law and Business. Global Law and Business is specializing in producing practical, topical titles for international legal and business professionals. They published so much law books that are highly welcomed by experienced professionals and their focus particularly on finance, energy and commercial law. It …

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Comparison Table of Proposed Amendments to Trademark Law vs. Current Trademark Law of the People’s Republic of China

中华人民共和国商标法修改表对照表 (条文中黑体部分为修订内容,红色字体为进一步修订内容) (注:表中实施条例直接上升为法条的,在修订内容中以下划线进行标注) Comparison Table of Proposed Amendments to Trademark Law vs. Current Trademark Law of the People’s Republic of China (Bold Fonts show the draft amendments to Trademark Law, and letters in red are QBPC’s proposal for further changes) (Note: the underlined parts are those provisions proposed to be moved from implementation rules of …

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