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    Restructuring and real estate developers in the PRC
    2015-06-25

    Gaining access to development land in the PRC has often been linked to government connections and dubious business practices. However, a number of investigations into the allegedly corrupt activities of high-level real estate executives in China have recently taken place.

    Filed under:
    China, Insolvency & Restructuring, Private Client & Offshore Services, Real Estate, DLA Piper
    Authors:
    Jonathan Leitch
    Location:
    China
    Firm:
    DLA Piper
    The Financial Report June 11, 2015 - news from Asia and the Pacific
    2015-06-11

    SFC released consultation conclusions on supervisory assistance. The Hong Kong Securities and Futures Commission (SFC) released consultation conclusions on proposed amendments to the Securities and Futures Ordinance (SFO). The amendments would provide assistance to regulators outside of Hong Kong upon request by making inquiries and obtaining certain records and documents from licensed corporations or their related corporations. The proposed supervisory assistance will be subject to both existing and new legislative safeguards.

    Filed under:
    Australia, China, Hong Kong, Japan, Singapore, Capital Markets, Derivatives, Insolvency & Restructuring, Tax, DLA Piper, Securities and Futures Commission (Hong Kong), Monetary Authority of Singapore
    Location:
    Australia, China, Hong Kong, Japan, Singapore
    Firm:
    DLA Piper
    公司经营在美国
    2019-07-31

    美国是世界上最容易开展业务的司法管辖区之一1。监管壁垒总体较低,建立分支机构或业务实体方 便快捷,相比其他多数发达经济体,劳动就业法律对雇主更为友好,并且法律体系发达、透明。然 而,在美国进行投资或设立业务之前,仍有若干准入壁垒及营商挑战需要考虑。 本刊将简要介绍可能限制非美国人进入美国市场或在美国设立业务后开展业务能力的贸易管制问题, 以及对外国投资者而言极其重要的公司、商事、劳动就业、移民、知识产权、反洗钱、反垄断、出 口管制、反腐败、责任、破产等法律及实践。本刊并非综合性指南,仅对投资者需要考虑及与法律 顾问商讨的一些重要问题加以概述。 

    Filed under:
    China, USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Litigation, Patents, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Money laundering, Export Administration Regulations (USA), USMCA, NAFTA
    Location:
    China, USA
    Firm:
    Hogan Lovells
    Decoding the code - China's new General Civil Law Rules: the first step towards a comprehensive civil code
    2017-03-15

    Decoding the code - China's new General Civil Law Rules: the first step towards a comprehensive civil code June 2017 Decoding the code - China's new General Civil Law Rules: the first step towards a comprehensive civil code June 2017 1 Overview and background On 15 March 2017, the People's Republic of China General Civil Law Rules (中华人民共和国 民法总则) (hereinafter referred to as the "GCLR") were formally adopted at the Fifth Session of the Twelfth National People's Congress. The GCLR will enter into force on 1 October 2017.

    Filed under:
    China, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Public, Hogan Lovells, Statute of limitations, Liquidated damages
    Location:
    China
    Firm:
    Hogan Lovells
    Will the Chinese courts grant "back door recognition" to overseas insolvency practitioners?
    2015-01-27

    On 11 June 2014, the Supreme People's Court of the People's Republic of China ("PRC" or "China")  handed down its ruling in the case of Sino-environment Technology Group Limited  ("Sino-environment") v Thumb Env-Tech Group (Fujian) Co., Ltd ("Thumb").

    Filed under:
    China, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Andrew McGinty , Chris Dobby
    Location:
    China
    Firm:
    Hogan Lovells
    Cross-border guide to restructuring and insolvency
    2010-11-09

    OVERVIEW

    This note outlines the various formal insolvency proceedings available in the People's Republic of China (excluding for purposes of this guide, the special administrative regions of Hong Kong and Macao and the territory of Taiwan) ("PRC").

    Filed under:
    China, Insolvency & Restructuring, Hogan Lovells
    Location:
    China
    Firm:
    Hogan Lovells
    Supreme People’s Court opines on the proper adjudication of enterprise bankruptcy cases amidst the global financial crisis
    2009-06-30

    Throughout the global economic meltdown, the number of bankruptcy cases in China has risen considerably. To shed light on bankruptcy proceedings and stabilize the domestic economy, the Supreme People’s Court of the PRC issued Opinions on Several Issues Regarding the Proper Adjudication of Enterprise Bankruptcy Cases to Provide a Judicial Safeguard for Maintaining Order in the Market Economy on June 12, 2009. The Opinions direct courts at all levels to properly apply the Enterprise Bankruptcy Law (EBL) to assist insolvent enterprises, maintain market order, and stabilize the economy.

    Filed under:
    China, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Debtor, Debt, Liquidation, Compensation and benefits
    Location:
    China
    Firm:
    Hogan Lovells
    New deed tax policies favor certain enterprises in corporate reorganization and restructuring
    2009-03-04

    On December 29, 2008, the State Administration for Taxation (SAT) and the Ministry of Finance (MOF) jointly promulgated the Circular on Several Deed Tax Policies Concerning Enterprise Reorganization and Restructuring, (Cai Shui (2008) 175, Circular 175). Circular 175 took effect on January 1, 2009, and will be effective through December 31, 2011.  

    Filed under:
    China, Insolvency & Restructuring, Tax, Hogan Lovells, Limited liability company, Debt, Deed, State-owned enterprise, Subsidiary, Parent company, Right to property
    Location:
    China
    Firm:
    Hogan Lovells
    CIRC clarifies certain issues regarding the administration of insurance companies’ solvency
    2009-01-27

    On October 21, 2008, the China Insurance Regulatory Commission of the PRC (CIRC) issued the Circular on Implementing the Administrative Provisions on the Solvency of Insurance Companies which went into effect on the same day. The Administrative Provisions on the Solvency of Insurance Companies, which the Circular intends to implement, replaced the 2003 Provisions for the Administration of the Insurance Company Solvency Quota and Regulatory Indices (the 2003 Provisions). The 2003 Provisions did not prioritize solvency issues.

    Filed under:
    China, Insolvency & Restructuring, Insurance, Hogan Lovells, Accounting, Life insurance, Liability (financial accounting), Reinsurance
    Location:
    China
    Firm:
    Hogan Lovells
    Educational lesson - Hong Kong court stays just and equitable winding-up petition to arbitration
    2022-05-03

    A Hong Kong court has stayed a petition presented on the just and equitable ground to arbitration, on the basis of arbitration agreements found within what the petitioner described as quasi-partnership agreements formed in 2007. The court also dismissed claims that the appointed arbitrator lacked the requisite qualifications and experience, and that a stay would lead to further costs and duplication of resources.

    Filed under:
    China, Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Court of First Instance (Hong Kong)
    Authors:
    Nigel Sharman
    Location:
    China, Hong Kong
    Firm:
    Hogan Lovells

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