Insights

Selected Opinions

Latest Opinions

  • 2019/11/22 18:58:47
    2019/11/22 18:58:47

    Chinese Data Protection Law: How Long to March to Meet GDPR Standard?

    View the details
  • 2019/5/22 14:38:00
    2019/5/22 14:38:00

    Central SOEs Transferring Offshore Property Rights to Acquirers

    In general, we advise parties to transfers of central SOEs’ offshore property rights to take the previous concerns into account at an early stage so they may make reasonable arrangements for the overall process.

    View the details
  • 2019/5/7 15:23:55
    2019/5/7 15:23:55

    The Impact of Revision of PRC Trademark Law

    The fourth revision of the PRC Trademark Law attracted wide attention internationally.

    View the details
  • 2019/4/18 13:57:09
    2019/4/18 13:57:09

    Brief Analysis of Revised Technical Import and Export Regulation

    On March 2, 2019, the State Council, the top administrative body of China issued the Decision on Revision of several Administrative Regulation, which includes the revision of Technical Import and Export Regulation (the “TIER”).

    View the details
  • 2019/4/4 18:18:50
    2019/4/4 18:18:50

    Brief Analysis of Revised Technical Import and Export Regulation

    On March 2, 2019, the State Council, the top administrative body of China issued the Decision on Revision of several Administrative Regulation, which includes the revision of Technical Import and Export Regulation (the “TIER”).

    View the details
  • 2019/2/25 17:41:55
    2019/2/25 17:41:55

    Prevention and Control of Tax Risks in Equity M&A

    Tax concerns over an equity merger and acquisition may have a profound impact on key issues like the transaction plan and related costs.

    View the details
  • 2018/11/22 17:43:42
    2018/11/22 17:43:42

    Significant Changes in 2018 to China’s Arbitration Legal Structure

    On June 27, 2018, the Supreme People’s Court of the People’s Republic of China (“Supreme Court”) promulgated a new judicial interpretation-Provisions of the Supreme Court on Several Issues Regarding the Establishment of the International Commercial Court. Article 2,Article 11 and Article 14 of the Interpretation provide that the International Commercial Court has jurisdiction of cases involving applications for preservation orders[1] in arbitration procedure, for setting aside or enforcement of

    View the details
  • 2018/11/22 17:39:14
    2018/11/22 17:39:14

    Buyout Funds in Mixed-Ownership Reforms of SOEs

    The main objective of a buyout fund is to secure control of an enterprise during its growth or mature phase before increasing its value through a restructuring or other such means. Perhaps, from the perspective of supply side structural reforms, the indirect participation in the mixed-ownership reform of SOEs through buyout funds will become the best route for private capital.

    View the details
  • 2018/9/13 18:06:25
    2018/9/13 18:06:25

    Avoid “Academic Promotion Commercial Bribery” in Medicine Marketing

    Medicine marketing has long had a high risk of being prone to commercial bribery. As such, it is not surprising this has been a business that China strictly regulates and has cracked down on in recent years. It is important to uncover, as well as prevent, commercial bribery in medicine marketing, be it in daily operations, in mergers and acquisitions or capital operations of pharmaceutical enterprises.

    View the details
  • 2018/9/7 10:21:36
    2018/9/7 10:21:36

    Preventing Risk in Medical Institution Acquisitions

    With the government promulgating a series of policies to encourage and guide social capital to develop medical and health undertakings in recent years, social capital is constantly participating in M&A, reorganization and restructuring of medical institutions. Among them, non-profit medical institutions are more encouraged by the government and have gradually become a new hotspot for investment. Due to its particularity, such acquisitions are different from ordinary acquisitions of shares, and t

    View the details
  • 2018/9/7 10:19:38
    2018/9/7 10:19:38

    Financial Institutions to Raise the Ratio of Foreign Shareholding

    InAugust 2017, the State Council promulgated the “Notice on Several Measures for Promoting the Growth of Foreign Investment”. In order to deepen the supply-side structural reform, China will further lift admittance restrictions on foreign investment, expand the scope of market access and promote the opening up of banking, securities and insurance industries to the outside world, and clarify the opening-up schedule and road map.

    View the details
  • 2018/9/7 10:15:53
    2018/9/7 10:15:53

    Foreign Investment Restrictions in P2P Lending Intermediaries

    The Interim Administrative Measures for the Business Activities of Peer-to-Peer Lending Information Intermediaries define “peer-to-peer lending” as direct lending/borrowing realized between peers on an internet platform. Peers include natural persons, legal persons and other organizations.

    View the details
  • 2018/9/7 10:13:19
    2018/9/7 10:13:19

    Senior Care Enterprises Offer Foreign Buyers Opportunity

    The senior care industry in China is a sector in which the government is focusing its support. China has a population of approximately 200 million elderly, a number that will increase to 400 million by 2050, making China the country with the world’s largest population of people aged 60 and older.

    View the details
  • 2018/9/7 10:11:09
    2018/9/7 10:11:09

    Types and Targets of Inbound M&A by Foreign Investors

    Foreign investors in China typically set up wholly foreign-invested companies or partner with Chinese investors to establish Sino-foreign joint ventures or co-operative enterprises. To penetrate the Chinese market and speed up the execution of their investment plans in China, foreign investors are inclined to merge or acquire domestic corporates with an established sales network and factory equipment, so as to obtain the greatest returns in the shortest timeframe.

    View the details
  • 2018/9/7 10:03:57
    2018/9/7 10:03:57

    Key Points in Due Diligence on Sporting Event IP in China

    Since the issuance by the State Council of the Several Opinions of the State Council on Accelerating the Development of the Sports Industry and Promoting Sports Consumption on 2 October 2014, the Chinese sports industry has become a new growth driver in the market, with relevant M&A cases and purchases of sports assets greatly increasing.

    View the details
  • 2018/9/7 10:00:02
    2018/9/7 10:00:02

    Concentration of Undertakings Involving Intellectual Property

    The office of the State Council’s Anti-Monopoly Commission issued the Anti-monopoly Guidelines on Abuse of Intellectual Property (Draft for Comment) on 23 March 2017. The draft document has a chapter dedicated to the concentration of undertakings involving intellectual property (IP), which embodies a law enforcement model of applying the general principles and analytical framework for anti-monopoly review of concentrations between undertakings and also takes into consideration the characteristic

    View the details
  • 2018/9/7 9:57:13
    2018/9/7 9:57:13

    Domestic Oversight of Foreign Acquisitions by Listed Companies

    In 2016, direct foreign non-finance investment by Chinese enterprises reached US$170 billion, with listed companies becoming the central force in foreign acquisitions. However, as compared to other enterprises, listed companies face more complex approval procedures for their foreign acquisitions.

    View the details
  • 2018/9/7 9:52:49
    2018/9/7 9:52:49

    Risks in Acquisitions, Restructurings by Listed Companies in China

    The term “acquisition/restructuring” as carried out by a listed company means a rights assignment of corporate control carried out between a target company and an acquiring company. As acquisitions/restructurings carried out by listed companies are accompanied by massive capital operations, they will regularly give rise to serious criminal legal risks. Raising funds. For the acquirer, relying on its own assets to complete the acquisition is usually not possible.

    View the details
  • 2018/9/7 9:48:06
    2018/9/7 9:48:06

    The Boundary of Due Diligence in Mergers & Acquisitions

    View the details
  • 2018/9/7 9:44:59
    2018/9/7 9:44:59

    Copyright Risks in M&A Transactions

    Corporate acquisition is one method by which a company may secure and strengthen its intellectual property (IP) rights against its competitors to increase its market share. Corporate acquisition is generally divided into three types – corporate merger, equity acquisition and asset acquisition, which involves more complex IP issues.

    View the details
  • 2018/9/7 9:42:42
    2018/9/7 9:42:42

    Key Points of Merger and Acquisition for Military Defense Enterprises

    At a meeting with the People’s Liberation Army delegation during the third session of the 12th National People’s Congress in March 2015, President Xi Jinping said for the first time that the integration of military and civilian development should be upheld as a national strategy.

    View the details
  • 2018/9/7 9:37:51
    2018/9/7 9:37:51

    Legal risks that should be paid attention to in hospitality industry acquisition

    he growing clientele are driving mid-to-high-end, chained and limited-service hotels in China to upgrade their brand and services. Meanwhile, major hotel brands are losing no time in building their presence at core locations of most visited cities through quick M&A transactions. Except for legal risks customarily associated with M&A transactions, points summarized below need extra attention in the process of performing due diligence and drafting transaction documents:

    View the details
  • 2018/9/7 9:32:36
    2018/9/7 9:32:36

    Overview of recent policies on SOE mixed-ownership reforms

    Reform of state-owned enterprises (SOE) has markedly accelerated in recent years. The author wishes to briefly sift and sort the policies on the mixed-ownership reform of SOEs under the central government and in key municipalities during the past three years. Central policies. On 24 August 2015, the Central Committee of the Communist Party of China and the State Council issued the Guiding Opinions on Intensifying the Reform of SOEs (the guiding opinions), setting forth guiding principles for pr

    View the details
  • 2018/9/7 9:26:31
    2018/9/7 9:26:31

    Due diligence investigation of domestic mining mergers and Acquisitions Law

    China’s 13th Five-Year Plan pointed out that the central government should support mining enterprises to upgrade technologies, guide the merger and acquisition (M&A) of small mines, and close outdated and environmentally unfriendly mines. In the Development Plan for the Nonferrous Metals Industry (2016-2020), the Ministry of Industry and Information Technology said the regional consolidation of mines should be promoted across the country to expedite large-scale development and intensive use of r

    View the details
  • 2018/9/7 9:20:36
    2018/9/7 9:20:36

    State-owned property transfers in corporate M&A

    State-owned properties, broadly speaking, are various forms of property that arise as a result of state-made investments. Corporate mergers and acquisitions (M&A) are generally divided into asset and equity M&A. As asset acquisitions involve such issues as title to the assets, and taxes and levies, in practice corporate M&A, where the subject matter is equity, are more common. In corporate M&A, the issue of the transfer of state-owned properties exists regardless of whether an ordinary joint sto

    View the details
  • 2018/9/7 9:17:42
    2018/9/7 9:17:42

    Issues with transfer of staff during M&A transactions

    Merger and acquisition (M&A) transactions involve not only the transfer of assets, equity and debts, but also issues with the transfer of staff. Here there are two major concerns: how working hours are counted in the original working unit; and how economic compensations are paid. In this article, the authors briefly analyze these two concerns under different M&A transaction scenarios.

    View the details
  • 2018/9/7 9:12:49
    2018/9/7 9:12:49

    Patent due diligence in high-tech acquisitions

    atents are a focal issue in the acquisition of high-tech companies, as the acquisition of the patents of the target company is usually the motivation for acquiring such companies. If, in an acquisition of a high-tech company, investigation of the patent situation of the target company is not thorough, it could impact the outcome of the strategic acquisition. More seriously, the acquired patents could instead become a heavy burden on the acquirer. Accordingly, in addition to carrying out the due

    View the details
  • 2018/9/7 9:05:43
    2018/9/7 9:05:43

    Relaxing restrictions for foreigners entering the services industry

    Opening up the domestic market and attracting foreign investment have become important goals of national policies. Ever since the introduction and execution of the One Belt, One Road initiative, the services industry has become a key area to attract foreign investors. This has also brought about new opportunities for foreign investors to enter the domestic market. The recent relaxation on restrictions for foreign investment entry is explained below.

    View the details
  • 2018/9/7 8:50:17
    2018/9/7 8:50:17

    Judicial review standard of directors' duty of loyalty

    Directors of a corporation are authorized to act on its behalf, ensuring proper management of corporate assets internally and having business dealings with outsiders externally. As fiduciaries, directors have duties of a fiduciary nature towards the corporation. However, when the corporation becomes the target of a proposed takeover, the decision made by its board of directors in response to the takeover offer may give rise to conflicts of interest between directors and the corporation.

    View the details
  • 2018/9/7 8:43:27
    2018/9/7 8:43:27

    Tech upgrade, transformation and relocation for M&A

    In recent years, many high-pollution and hazardous chemical enterprises have been required to eliminate outdated production facilities, change their lines of production or simply close down their business or relocate assets, as required by governmental regulations such as the Notification on Stopping Industries with Overcapacity from Further Blind Expansion, and the Guidelines on Solving the Crisis of Severe Overcapacity, with a view to helping with the national drive for supply-side reform. Loc

    View the details
  • 2018/9/7 8:38:22
    2018/9/7 8:38:22

    Criminal risk of professional embezzlement in M&A

    In a market-oriented economy, resources can be optimally allocated through mergers and acquisitions (M&A). An M&A is a complex process, harbouring large legal risks. How to avoid such legal risks is one of the most important matters in M&A activities. However, criminal risk is an area that draws relatively little attention in M&A legal services.

    View the details
  • 2018/9/7 8:26:08
    2018/9/7 8:26:08

    Dispute Resolution Methods in M&A

    In acquisition agreements there is one important provision that fails to draw the attention that it deserves, namely, the provision on the dispute resolution method. According to the author’s experience, in many commercial acquisitions in which disputes arose, the choice of an arbitration institution or a court as the means of dispute resolution was originally made based on a feeling rather than reason. However, whether an effective award rendered by an arbitration institution, or an effective

    View the details
  • 2018/9/4 15:19:11
    2018/9/4 15:19:11

    Interpretation of Notice to Regulate the Bond Transactions of Bond Market Participants

    View the details
  • 2018/8/23 17:22:31
    2018/8/23 17:22:31

    An Analysis of the Practice of Handling Registration Information Change after Winning the Right of M

    On December 30, 2015, the Supreme People’s Court issued (2015) Zh. F. Zi No. 37 reconsideration decision to uphold (2015) J. Zh. Zi No. 5 penalty decision that was made by Hebei Higher People’s Court on the act of Inner Mongolia Autonomous Region Department of Land and Resources of failing to fulfill its execution assistance duty without any good reason. What was demonstrated in the case is the problem that the right of mining is hard to be executed in practice. While providing services for the

    View the details
  • 2018/8/23 17:21:36
    2018/8/23 17:21:36

    An Analysis of the Non-competition Clause in Private Equity Investment Agreements

    Along with its rapid development, the private equity investment market has become an important force for driving the development of enterprises in China. For most enterprises, the most valuable property is men—men with professional intellectual properties, men with advanced business concepts, men with extensive market resources—who push the enterprises forward to realize leapfrog development. When making investment, private equity investors shall pay enough attention to the target company’s staf

    View the details
  • 2018/8/23 17:20:04
    2018/8/23 17:20:04

    Can Timestamp be Truly Trusted

    As the Internet economy is thriving, the way people see, consider and handle things is changing to be “Internet-based.” More and more e-signatures, e-contracts, e-certificates and e-evidence appear in judicial cases. The traditional way of e-evidence preservation used to be notification, which is costly. People have a pressing demand for the less costly preservation of e-evidence, and the trusted timestamp service comes just in time. Trusted timestamp refers to a legally effective electronic cer

    View the details
  • 2018/8/23 17:19:06
    2018/8/23 17:19:06

    Near-term Impact of the Annulment of Measures for Administration on Foreign Investment in Leasing Sc

    On February 22, 2018, the Ministry of Commerce issued Decision of the Ministry of Commerce on Amending Some Rules and Regulatory Documents (Order No. 1 [2018] of the Ministry of Commerce), in which it decided to annul Measures for the Administration of Foreign-funded Lease Industry which was released on February 17, 2005, effective March 5, 2005 and amended on October 28, 2015 (Order No. 5 [2005] of the Ministry of Commerce). This caused widespread concern in the industry about what impact the a

    View the details
  • 2019/2/25 17:38:44
    2019/2/25 17:38:44

    Review of innovation market merger remedies in China

    Compared with concentrations in traditional industries, mergers in innovation markets have unique features. On the one hand, these mergers can harm competition to a greater extent by eliminating nascent competition in the relevant markets.

    View the details
Copyright © 1998-2018 East & Concord Partners all rights reserved. Beijing ICP - 11012394