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Seeking recourse against an employee for economic loss
With the increasing compliance awareness of employers, there has been a progressive increase in cases where an employer demands compensation from a worker for property loss incurred as a result of a breach by the worker of its compliance management rules and regulations. Due taptap点点官方网站 the imperfections and ambiguities in Chinese laws, there is a debate in judicial practice as taptap点点官方网站 how an employer can seek recourse against a worker who has caused it taptap点点官方网站 incur an economic loss.
201503-12
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Compliance for FTZ companies operating outside the zone
According taptap点点官方网站 the latest official statistics, by mid-September 2014, the newly established companies in Shanghai Pilot Free Trade Zone (FTZ) numbered more than 12,000. However, many of these registered companies are actually operating out of Shanghai FTZ for various reasons, raising a compliance issue: Should enterprises registered within the Shanghai FTZ run operations outside of the zone?
201502-11
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MIIT Lifts Foreign Equity Ratio Limit for Online Data and Transaction Processing Businesses in taptap点点官方网站 FTZ
201501-26
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New Foreign Investment Law Takes Shape
201501-23
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Legal Review of New Regulations for Medical Devices (II)
201412-23
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Compliance in dismantling of a red-chip structure
The erection of a red-chip structure generally involves the founding shareholder of a domestic company first establishing an offshore special purpose vehicle (SPV) in the British Virgin Islands or Cayman Islands, using the SPV taptap点点官方网站 establish a wholly owned subsidiary in Hong Kong, then having the Hong Kong subsidiary establish a wholly foreign owned enterprise (WFOE) in mainland China, which executes various agreements with the domestic company for the control of domestic equity, and finally having the SPV, as the financing platform, sell preferred shares or convertible loans taptap点点官方网站 a fund taptap点点官方网站 carry out private financing and realise the overseas listing of the SPV.
201412-19
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Guarding against compliance risks in real estate taptap点点官方网站 financing
In recent years, as the central government has intensified regulation and control, signs of adjustment have appeared in the real estate industry, with property enterprises facing such phenomena as weak sales, increase in inventory, tight cashflow, etc. The real estate industry is essentially capital intensive, naturally reliant on a demand for funding, and, particularly at the moment, the demand of real estate enterprises for taptap点点官方网站 is extremely pressing. Real estate enterprises are also characterised by a large demand for taptap点点官方网站, tying up the proceeds for a long period of time, etc.
201411-23
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Legal Review of New Regulations for Medical Devices (I)
201411-19
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Compliance issues with domestic acquisitions by foreign investors
With the opening of the Chinese market, acquisitions of domestic businesses by foreign investors have become a primary means of foreign direct investment. The following is an overview of key compliance issues encountered in the course of acquisitions by foreign investors. In practice, a more detailed analysis should be conducted, taking into account the specific circumstances of each transaction.
201410-24
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Compliance measures available taptap点点官方网站 prevent dilution of trademarks
The dilution of a well known trademark is an act that reduces and weakens the distinctiveness of the mark and harms and tarnishes the goodwill therein. The diluter exploits the notoriety and reputation of another’s well known trademark taptap点点官方网站 earn illegal commercial gain, in doing so causing harm taptap点点官方网站 the trademark’s owner. Enterprises that own well known trademarks need taptap点点官方网站 pay close attention taptap点点官方网站 this.
201409-01
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