Legislation roundup: Foreign-related civil relationships, protecting online information and CSRC guidelines
January 11, 2013 | BY
clpstaff &clp articles &The SPC issued an Interpretation on foreign-related civil relationships stating that when public interest is involved, cases will be governed by PRC mandatory provisions. The NPC Standing Committee has passed a Decision limiting how information can be sent to individuals
Civil law
Supreme People's Court, Interpretation on Several Issues Concerning the Application of the «PRC Law on the Application of Laws to Foreign-related Civil Relationships» (1)
The SPC has promulgated an interpretation stating that, if the public interest is involved, foreign-related cases concerning labour protection, food safety, environmental protection, forex control, anti-monopoly and anti-dumping, will be governed by PRC mandatory provisions.
See the full translation for more details.
Further reading
Law on the Application of Laws to Foreign-related Civil Relationships, Dec 2010
PRC Anti-monopoly Law, Oct 2007
Internet
Standing Committee of the National People's Congress, Decision on Strengthening the Protection of Online Information
No organisation or individual may send electronic information of a commercial nature to someone's landline telephone, mobile phone or personal e-mail address if the receiver has specifically expressed their wish not to receive or if they has not given consent.
See the digest for more details.
Further reading
Administration of Internet Information Services Measures, Nov 2000
PRC Administration of International Linkups of Computer Information Networks Tentative Provisions (Revised), Jul/Aug 1997
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Capital markets
China Securities Regulatory Commission, Guidelines for the Regulation of the Submission Documents and Review Procedures for Overseas Share Issuance and Listing by Companies Limited by Shares
The Guidelines remove the requirements for overseas listing by domestic enterprises as specified in the Circular on Issues Relevant to the Application for Overseas Listing by Enterprises issued by the CSRC in 1999. Namely, having net assets of at least Rmb400 million, expected proceeds of at least US$50 million and an after-tax profit of at least Rmb60 million.
See the digest for more details.
Further reading
PRC Securities Law (Amended), Feb 2006
Merger Between an H-share Company and an A-share Company, Dec 2007/Jan 2008
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