As usual, we have published our regular monthly roundup of key items for general counsel, GC Agenda China (see Article, GC Agenda China: August 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
Corporate, FDI and M&A
We have published Practice note, Monopoly agreements in China. This is an overview of the regime regulating monopoly agreements in China. It discusses the components of each type of prohibited horizontal monopoly agreement and vertical monopoly agreement, the exemptions available to undertakings, the sanctions for prohibited conduct and the leniency scheme available under the current regime.
We have also published Practice note, Chinese foreign direct investment reform: MOFCOM record-filing regime. The regulation of foreign direct investment into China is currently in the midst of a major transformation into a negative list approach. The Ministry of Commerce (MOFCOM) introduced a new record-filing regime for its administration of foreign-invested enterprises (FIEs) in 2016 and refined that regime in 2017 to extend its scope of application. This note introduces the scope of coverage of the new regime (including a discussion on the carve-out of affiliated parties acquisitions). It details the filing requirements (and consequent implications) for each type of covered transaction, the filing and updating procedures and the statutory sanctions for non-compliance with the regime. The note also analyses the major prevailing issues of the new regime with other conflicting legislation and the implications of the new regime for Chinese foreign investment law.
This is an overview of the regulatory regime governing internet finance in China. It introduces the licensing and compliance requirements for key types of internet finance business, including online payment, P2P lending, crowdfunding and internet asset management.
Form representations and warranties as to privacy and data security matters for use in a share purchase, merger, or asset purchase agreement. This standard clause includes representations and warranties concerning the seller's or target's privacy and data security practices and compliance with related laws.
GC Agenda China: August
This month's issue is now out. GC Agenda 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, we have updated a number of resources (including bilingual content) in areas including anti-bribery and anti-corruption, commercial contracts and boiler plate, corporate, FDI and M&A, employment and benefits, IP & IT and real estate.