• 2020/3/17

    Tips for Foreigners to Work Legally in China

    It is well known that China is becoming an ideal place for innovation and entrepreneurship for foreign talents all over the world. China issued 336,000 work permits for foreign experts in 2018 and the number of the foreigners working in the territory of China totals over 950,000, Mr. Wang Zhigang, Minister of the Ministry of Science and Technology said at the Opening Ceremony of the 17th Conference on International Exchange of Professionals held on April 14th 2019 in Shenzhen. Meanwhile, great achievements have been made in attracting people from abroad in recent years by adopting more practical talent introduction policies and applications for visa and residence permits have also been much facilitated in China. It is undoubtedly important to understand what is required of foreigners who want to work in China and how to apply for the work and residence permits. In this context, this article is trying to give a brief introduction to the rules and procedures for visa and residence permits to China and also touch on some key and basic issues those foreigners working in China may face during their stay.

  • 2020/3/14

    Removal of Foreign Ownership Limit in Securities Companies

    China Securities Regulatory Commission (“CSRC”) will further remove the foreign ownership limit in securities companies commencing on April 1, 2020. The announcement was made on March 13, 2020 by CSRC in accordance with unified policies on opening up the financial sector by China to implement the Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America (“China-US Phase One Agreement”). Qualified foreign investors may submit applications for establishing a new securities company or changing the actual controller of an existing securities company in accordance with applicable laws and regulations, relevant rules of CSRC, and relevant service guidelines. This is not only another important administrative measures for financial opening-up after the removal of foreign ownership limits in foreign-invested futures companies and fund management firms, but also the biggest leap in the gradual removal of foreign ownership limit in foreign-invested securities companies. This article comments on the removal of foreign ownership limit in securities companies based on a review of its policy history as well as our experience of establishing several foreign-invested joint venture (hereinafter “JV”) securities companies.

  • 2020/2/27

    Lexology GTDT Dominance 2020

    Lexology GTDT Dominance 2020

  • 2019/10/23

    Lexology GTDT - Cartel Regulation 2020 - China

    Lexology GTDT - Cartel Regulation 2020 - China

  • 2019/10/12

    The Risk of Parallel GDPR Investgations…To Companies Without an EU Presence

    The data protection authorities of the EU Member States (DPAs) are imposing ever high fines for violations of the GDPR. In June and July 2019, the UK DPA imposed large fines on Marriott (€111 million) and British Airways (€204 million) for data breaches that breached the GDPR. But it is clear that increasingly larger fines are not the only problem facing companies worried about their exposure to the GDPR. Non-EU companies in particular face a risk of parallel GDPR investigations for the same conduct, and in each such case, the investigating DPR is authorized by GDPR to impose fines up to the maximums provided for the GDPR, which can be 2% or 4% of the company’s global group turnover, depending on the nature of the infringement. How can this be possible?

  • 2019/7/30

    OA-Related Pitfalls in MNC's HR Management under China Law

    The information technologies("IT") have been imposing increasingly greater challenges upon the law, lawyers and their clients worldwide. Among others, the digitalized human resource("HR") management is prone to many more legal pitfalls and uncertainties than ever before. In particular, many of my multi-national company("MNC") clients have come to me for advice on the legal issues and risks they encountered from the use of OA in the course of HR management. As a matter of fact, all MNCs here in China have applied the so-called OA systems in their daily HR management and business operations, with an effort to improve efficiency. In that scenario, I am going to draw on my professional experiences as a former trial judge and a current practitioner of law, to examine the legal features of the OA, analyze the legal challenges it poses on employment-related dispute resolution, and explore the precautions for employers to adopt against such challenges under China law.

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