Enter to open, tab to navigate, enter to select
Practical Law China March Focus 2017
Practical Law UK Legal Update w-007-1686 (Approx. 9 pages)
Practical Law China March Focus 2017
| Law stated as at 31 Mar 2017 • China |
Details of Practical Law China's new and updated resources for March 2017.
Speedread
This March Practical Law China has expanded its coverage of employment and benefits topic area with the publication of Standard document, Letter of secondment: China in Chinese and English versions. This document is a sample cross-border letter of secondment to be used in an expatriate context where a foreign national employee is temporarily assigned from overseas to work in a Chinese subsidiary while remaining employed by the original foreign employer.
For the finance topic area, we have published Practice note, Independent guarantees: China. This is an overview of the regime on the issue, operation and enforcement of independent guarantees in China. The note sets out the distinctive features of independent guarantees, the application of the fraud exception rule, the remedies to a fraudulent demand and some common legal issues that were once heavily disputed by parties.
We have also published Practice note, Cross-border data transfers: China to expand the IP&IT topic area. The note is an overview of the Chinese regulatory regime on data transfers from China to other jurisdictions.
As usual, we have published our regular monthly roundup of key items for general counsel, GC Agenda China (see Article, GC Agenda China: March 2017) and separate legal updates for important legal and practical developments in this month (see Legal updates) and have updated a number of materials in the light of recent developments (see Maintenance).
New content
Employment and benefits
We have published Standard document, Letter of secondment: China in both Chinese and English versions. This is a sample cross-border letter of secondment to be used in an expatriate context where a foreign national employee is temporarily assigned from overseas to work in a Chinese subsidiary while remaining employed by the original foreign employer. The drafting notes in this documetns address key issues of a typical China-specific cross-border secondment.
Finance
We have published Practice note, Independent guarantees: China. This practice note is an overview of the regime on the issue, operation and enforcement of independent guarantees in China. The note sets out the distinctive features of independent guarantees, the application of the fraud exception rule, the remedies to a fraudulent demand and some common legal issues that were once heavily disputed by the parties.
IP & IT
We have published Practice note, Cross-border data transfers: China . This practice note is an overview of the Chinese regulatory regime on data transfers from China to other jurisdictions. This note sets out key types of data that must be stored in China and addresses the interplay between data localisation and the regimes governing state secrets and archives. The note also guides businesses operating in China on how to prepare for and implement data outflows and how these rules may affect information system architecture decisions.
GC Agenda China: March
The new GC Agenda China is now out. GC Agenda China provides practical, specific and actionable advice on key issues for GC covering China. GC Agenda China is also a useful reference point for external counsel who needs an overview of the main developments outside their own practice area.
This month's GC Agenda China covers:
- China's first General Provisions of Civil Code.
- SPC's 16th batch of guiding cases.
- SPC's arrangement on evidence taking between Mainland and Hong Kong.
- SAIC's new rules on online trade mark applications.
- NPC's deliberation on draft Anti-unfair Competition Law.
- Shanghai's new rules on MNC regional headquarters establishment.
Maintenance
This month, we have updated a number of resources in areas including anti-bribery and anti-corruption, corporate, FDI and M&A, employment and benefits, finance and free trade zones.
For details of the changes, follow the link to the resource you are interested in and click on "Show resource history" in the action box at the top right hand of the page.