In the past two years, the landscape of foreign direct investment ("FDI") in China has been changed by several newly promulgated legislations and regulations, among which are the Labor Contract Law, the Anti-Monopoly Law, the Enterprise Income Tax Law and the Measures for the Administration of Taxation on Representative Offices of Foreign Enterprises.
China welcomes foreign investment
Popular related articles
-
Carrefour’s lawsuit against chinese supermarket chain over name (Lehman Lee & Xu)
Carrefour SA has filed a lawsuit against Anhui Jiale Supermarket Chain Co Ltd and its subsidiaries in Fuyang, claiming they violated the rule of fair competition and infringed upon the Carrefour trademark.
-
Comparative analysis of local rules regarding formation of private equity funds and management companies in China (Greenberg Traurig LLP)
Against the backdrop of a huge amount of domestic liquidity from both state-owned and non-state enterprises, the launch of the long-awaited Growth Enterprise Market (GEM) in Shenzhen at the end of 2009 and the continued growth of private equity investment activity in China, China's four major cities, Beijing, Shanghai, Shenzhen and Tianjin, continue to compete to become China's hub for the formation of both domestic and foreign-invested equity investment fund enterprises (EIFEs) and equity investment management enterprises (EIMEs) with the promulgation of various local rules and incentive policies for the formation of EIFEs and EIMEs.
-
Circular 698: China’s anti-tax avoidance measures for offshore SPVs (Cadwalader Wickersham & Taft LLP)
In a circular issued on 10 December 2009, the State Administration of Taxation ("SAT") made clear its intention to target offshore transactions involving the indirect transfer of PRC enterprises (Notice on Strengthening the Management of Enterprise Income Tax Collection of Proceeds from Equity Transfers by Non-Resident Enterprises Guoshuihan [2009] No.
-
US insurance inquiry - possible fallout for China? (King & Wood)
Recently, the Associated Press reported that the New York State Attorney General has served subpoenas on two major multi-national life insurers as part of that office's inquiry into those companies policies for paying death benefits to life insurance policyholders' beneficiaries.
-
Collusive behaviour amongst banks? (King & Wood)
In mid-August, it was reported in the press that the National Development and Reform Commission (NDRC) had received complaints that the commercial banks in China have engaged in price-fixing conduct.
-
Anticipated up-tick in merger and acquisition activity; don't forget about the change of control provision, Section 280G (Fox Rothschild LLP)
Congress enacted §280G in 1984 over concern that contracts between a corporation and its employees providing golden parachutes directly (or indirectly) attributable to a takeover of a target company would have an adverse effect on takeover activity in general, elevate the concerns of the management of the target company beyond permitted boundaries, including the deflection of shareholder value from the target's shareholders to key management and control shareholders of the target company.
-
Update on foreign investment in Canada (Fraser Milner Casgrain LLP)
Over the past year Canada has witnessed a number of significant developments in its foreign investment review process.
-
A really basic checklist for employee benefits in mergers and acquisitions (Fox Rothschild LLP)
Lately I have been fielding a lot of questions relating to employee benefits issues in mergers and acquisitions.
-
The top five intellectual property traps in M&A transactions (McDermott Will & Emery)
In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties.
-
Arbitration - appointment of arbitrators - Jivraj v Hashwani [2010] EWCA civ 712 (Fenwick Elliott Solicitors)
The parties here entered into a joint venture agreement to invest in real estate property in various parts of the world including Canada.
-
India’s global expansion: eyeing Latin America (Diaz Reus)
On July 11, 2010, Spanish midfielder Andrés Iniesta, scored a sensational goal in extra time to put Spain ahead of the Netherlands.
-
Two new U.S. Supreme Court decisions will likely impact companies' drafting of arbitration provisions (Diaz Reus)
Two recent United States Supreme Court decisions present significant new developments on the scope and interpretation of the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., and will likely influence the manner in which companies draft future arbitration provisions.
-
Will PayPal thrive in China? China’s new regulation of third party payment services (Diaz Reus)
On June 21, 2010, the central bank of China issued the administrative rules governing payment services by non financial institutions (the "Rules").
-
New development in trade secret protection in China (Diaz Reus)
Protection of commercial secrets is always a critical concern for companies doing business in China.
-
Anti-treaty shopping: Chinese tax authorities’ new trends toward non-tax resident enterprises (Diaz Reus)
Chinese tax authorities are getting serious about clamping down on treaty shopping and tax avoidance by foreign investors.
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.