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Introduction of China Legal System

Details: Highest source of laws: “Mother Law” Highest Legal Effect Contents: ¾General principle of government and society ¾Fundamental Rights and Duties of Citizens ¾Structure of the State ¾National Flag, National Anthem, National Emblem and Capital

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Welcome To China Symposium

Details: China Law Update & Doing Business in China The Chinese mainland has ample opportunities in different business sectors. However, the business environment and legal framework in the Chinese mainland is different from that of Common law countries in aspects such as trading and foreign investment laws, shipping and taxation.

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Comparative Notes on PRC English Laws

Details: - COMPARATIVE NOTES ON PRC AND ENGLISH LAWS In China, business organisations fall into three categories: business legal person, business partnership and business individual. According to art 37 of the General Principles of the Civil Law of the PRC, an enterprise is considered a legal person provided it has the following criteria: 3 37 !

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2014 AMENDMENTS TO THE PRC COMPANY LAW & THEIR …

Details: some laws and regulations in pace with the new Company Law, as well as some new policies of the administrative departments to clarify and simplify the relevant approval or registration procedures. We will provide some examples of changes in the laws and regulations relating to foreign invested enterprises and new policies introduced by the AIC.

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› Url: http://www.chinasymposium.com/articles/Company_Law/2014_PRC_Company_Law_Eng.pdf Go Now

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Major Issues in PRC Company Law A comparative analysis

Details: deemed by the CSRC as having violated relative laws – Prohibited from engaging in any securities practice or holding any post of director, supervisor or senior manager in the original organization and any listed company within a prescribed term or for life.

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Land Use Rights of Foreigners in China (16 4 12)

Details: The laws and regulations pertaining to the acquisition of land use rights are applicable equally to both foreigners and Chinese nationals. Land use rights include the land and the buildings erected on the land. As a prudent measure, foreigners should acquire the land use rights as a prelude to development. Allocation

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The Allocation of Burden of Proof in Infringement Action

Details: laws” shall be that in infringement actions of products, the plaintiff shall firstly adduce evidence to successfully prove the elements required to constitute an infringement, only after which the defendant shall take responsibility to prove one of the statutory exemptions exist. If the plaintiff fails to fulfill his basic burden

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The Role of the Company Secretary in Listed Companies in

Details: compliance with national laws and regulations, the company’s constitution and the relevant rules and regulations of stock exchange; make timely objection and demand the board of supervisors to declare themselves on any resolutions that are in violation of relevant provisions. However, if the board of directors persist in upholding such

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The Risk Control of the Refund Guarantee under the

Details: and shipyards agree to apply the laws of foreign countries or regions in which foreign exchange control is not implemented.. Since the approval and registration system of external guarantee is a part of economic supervision and affects the public interest in the PRC, the parties cannot evade or eliminate the

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› Url: http://www.chinasymposium.com/articles/Shipping_Law/Refund_guarantee_in_shipbuilding_contracts.pdf Go Now

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Current Status of Timeshare in China

Details: Chinese laws and regulations that investors want to keep in mind when making investment in timeshare industry in China. Property Law of the People's Republic of China Based on the Property Law, the owner of a real property or movable property has the rights to possess, use, seek profits from and dispose of the real property or movable property.

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ISSUE1 VOLUME 9 JANUARY 2013 Insurance Special Issue …

Details: strictly conform with the laws and regulations regarding foreigners’ social insurance. In this issue, we provide you with an overview of the basic provisions, together with a brief analysis of the social insurance contributions and the legal risk of failure to pay foreigners’ social insurance. Ex Ecutiv Editor: Wang Jing Editor: Jade neame

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REGISTRATION OF GUARANTEES WITH FOREIGN …

Details: or any other form as permitted by laws and regulations on guarantee…. * The writer is indebted to the research assistance of Mary Zhu, a practicing commercial lawyer based in Guangzhou . Title: Microsoft Word - Guarantee_registration(csy).doc Author: nick Created Date:

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MERGERS AND ACQUISITIONS OF LISTED AND UNLISTED …

Details: China. Rather, some are incorporated into relevant laws while others can only be found in administrative regulations promulgated by the State Council or other governmental departments. 2. General rules of mergers of companies are stipulated in Chapter 9 of the PRC Company Law 2014. For mergers between foreign invested enterprises (“FIEs”),the

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SHIP ARREST IN CHINA Written by Wang Jing & Company in

Details: applicable laws governing the property preservation. In addition, evidence required to be annexed to the application refers to prima facie evidence that substantiates the maritime claim, the responsibility of the respondent and the conditions of the ship to . 3 arrested. The Court’s requirements for evidence from the claimant to apply for ship

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Pre-emptive Rights of PE Investors under Chinese Law

Details: agreement must not be in conflict with the existing laws and regulations of China. At the same time, adequate communication with the competent administrative departments and registration departments is required. Dividends Preference Dividends preference refers to the PE investor’s pre-emptive right to the allocation of

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Introduction of Ship Arrest in China

Details: responsibility of the person against whom the application is made and the laws subject to which the preservation is applied for. And the evidence required to be attached to . the applications refer to prima facie evidence that could prove the fact causing the

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CHAPTER FOUR THE FOUNDING OF EMPIRE: THE QIN AND …

Details: some laws, cut taxes, and otherwise lessened the burdens on the people. Responding to the desire to restore the old order, Emperor Gao gave out large and nearly autonomous fiefs to his relatives and chief generals.

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DEBT FINANCING OF FOREIGN INVESTED COMPANIES IN …

Details: to special laws or regulations for foreign investment. An FIC is classified either as a wholly foreign –owned enterprise (“WFOE”), a contractual joint venture (“CJV”) or an equity joint venture (“EJV”). A WFOE is a limited liability company with only foreign shareholding. A

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About the Authors PRC Supreme Court Clears Path for

Details: Company Law, foreign investment laws and foreign exchange control regime, a single welcoming decision of the Supreme Court cannot create the degree of flexibility and enforcement assurance to which international financial investors are accustomed in more mature markets. A long march from two courts in Gansu to the Supreme Court in Beijing

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EQUITY AND DEBT FINANCING OF BUSINESS OPERATIONS …

Details: to special laws or regulations for foreign investment. An FIC is classified either as a wholly foreign –owned enterprise (“WFOE”), a contractual joint venture (“CJV”) or an equity joint venture (“EJV”). A WFOE is a limited liability company with only foreign shareholding. A

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China Symposium – NEWS FLASH by Leonard Tan 26 February

Details: • Public education on laws, cultivation of rule-of-law spirit and promotion of a law abiding social environment, where issues are settled legally • Leading cadres at various levels should take lead in acting by law and this would be a key criterion of the leaders’ evaluation

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Investing in China-3

Details: have total control within the limits of PRC laws. A WFOE is a subsidiary, but not a branch, of a foreign enterprise. The Catalogue and other PRC regulations set out in which industries a WFOE structure is permitted. A JV involves both foreign and domestic investment. A JV vehicle is often used in industries in which a WFOE structure is not

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LABOUR COMPENSATION FOR RETRENCHMENT OR RE …

Details: the labour laws of China and endorsed by the labour union in Shanghai. However, about 10 workers who claimed to represent the bulk of the workers on strike requested for one month pay for every year of service plus an additional month for those who wanted to leave the company as a result of the re-location.

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Equity and debt financing (Final)

Details: laws, and also introduces new definition of foreign investors and foreign investment. It is believed that this new law will change China’s current foreign investment configuration. However it is still unclear how this draft will be amended eventually and it may take months or even years to pass this draft as a law.

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