New Opportunity in China Fund Management Market：Door for Foreign Fund Managers to enter China Market is Now Open

Compliance issues for gifts that advertise

Advertising gifts mean items printed with brand name, logo or slogan that operators give to counterparties or the public in business dealings with the view to increasing awareness or market share. Legal matters involved in advertising gifts include, but are not limited to, anti-business bribery and other competition issues.

Exploring compliant methods of bypassing preemptive right

The term “shareholder right of first refusal” – or preemptive right – means that when a shareholder of a limited liability company wishes to transfer any of his equity to a third party, the other shareholders have, all things being equal, the preemptive right to purchase such equity. The main legal basis for this is article 71 of the Company Law (amended in 2013).

Compliance system needed for enterprise bankruptcies

The Enterprise Bankruptcy Law was considered and adopted by the Standing Committee of the National People’s Congress on 27 August 2006, establishing a market entity withdrawal and rebirth mechanism in legal form for the first time, and filling in the last blank in the legal regime for the market economy. Accordingly, the Enterprise Bankruptcy Law has been seen as a milestone in China’s legal regime for the market economy.

Compliance issues in listed companies’ outbound M&A

As the “One Belt One Road” policy became a national regime, 2015 witnessed a trend of increasing outbound mergers and acquisitions (M&As). There were more than 300 outbound M&As among listed companies in China in 2015, with a total volume of more than RMB900 billion (US$137.7 billion). We have seen an even faster pace occurring with M&As this year.

Are internet targeted entrusted investment products compliant?

On 18 March, the China Securities Regulatory Commission (CSRC) announced it would intensify the investigation and handling of unlawful engagement in the business of breaking up privately offered products into smaller units and transferring the same. It stated that “if discovered, the same will be stringently dealt with in accordance with the law”. The CSRC stated that “no institution or individual may offer, sell or transfer privately offered products or the right to benefit from privately offered products to unqualified investors, and a single privately offered product may not exceed the statutory upper limit”.

Tax risks and compliance issues in corporate equity M&A

In M&A transactions, especially in equity deals, tax-related issues directly affect the transaction costs for the acquiring party, as well as the taxation risks after the acquiring party takes over the target company. This article will analyze tax compliance issues and recommend how to mitigate taxation risks from the perspective of the acquiring party.

Key compliance points for contract-based PI funds

A private investment (PI) fund is an investment fund established with funds raised from investors in a non-public manner. In a contract-based PI fund, the fund contract serves as the legal medium specifying the rights and obligations of the investors, fund manager and fund custodian. Such a fund has clear advantages over PI funds organized in the form of a limited partnership or company, in terms of the number of qualified investors, operational convenience, taxation, etc. With the increasing popularity of contract-based PI funds, fund investors, publicity and promotion, and investment in third parties have become the focus of regulatory authorities regarding the compliant operation of such funds.

Stay up to speed on compliance measures of corporate IP ownership

Intellectual property (IP) ownership is the fundamental principle for IP. We need to first clarify and identify the ownership of IP before we can reasonably distribute benefits between the inventor and the rights holders. On the issues of IP ownership, how to co-ordinate the interests among the employees as the inventor, and the enterprise as the rights holder, is important to keep employees motivated to create and encourage the enterprises to keep innovating in accumulating intellectual properties.

Antitrust compliance mechanisms essential to enterprises

The intensity with which regulatory authorities have cracked down on monopoly behaviour by enterprises has increased year by year. Recently, Qualcomm was handed the largest ever penalty in China’s anti-monopoly history. With stringent enforcement of the Anti-Monopoly Law (AML) now the “new normal”, the establishment by enterprises of sound anti-monopoly compliance systems is extremely important.