Legislation roundup: Placement Regulations, commercial banks and mainland legal qualifications
August 23, 2013 | BY
clpstaff &clp articles &The Ministry of Human Resources and Social Security has clarified the quotas for temporary workers. The CBRC has moved to encourage the establishment of banks with private capital while the Ministry of Justice has expanded the areas of law that SAR residents can advise on
Employment
Ministry of Human Resources and Social Security, Several Provisions on Placement (Draft for Comments)
The Draft clarifies that the percentage of temporary workers used by an enterprise in ancillary positions may not exceed 10% of the combined total of its employees and temporary workers in ancillary positions. Enterprises are also required to come up with a list of ancillary positions after discussion with the trade union or workers' representative meeting. The Draft also excludes representative offices of foreign enterprises and foreign financial institutions from the requirements of temporary, ancillary or substitute positions or the temporary worker percentage restriction when using temporary workers.
See the digest for more details.
Further reading
PRC Employment Contract Law (Revised), Mar/Apr 2013
Banking
China Banking Regulatory Commission, Implementing Measures on Administrative Permission Matters in Connection with Chinese-invested Commercial Banks (2013 Draft for Comments)
See the digest for more details.
General Office of the State Council, Implementing Opinions on the Support for the Development of Small and Micro Enterprises from Financial Services
国务院办公厅关于金融支持小微企业发展的实施意见
Both the Draft and Opinions show China's move to encourage the establishment of banks with private capital. The Opinions promote the trial of establishing banks with private capital that bear their own risks. The Draft, on the other hand, relaxes the requirements for the establishment of banks with private capital. It lifts the 8% minimum capital adequacy ratio requirement and the condition that the balance of equity investment, in principle, should not exceed 50% of the bank's net assets.
See the digest for more details.
Further reading
PRC Banking Regulation Law (Revised), Feb 2007
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Lawyers
Ministry of Justice, Measures for the Administration of the Engagement in the Lawyer Profession in the Mainland by Residents of Hong Kong and Macao Special Administrative Regions Who Have Obtained Mainland Legal Professional Qualifications
司法部取得内地法律职业资格的香港特别行政区和澳门特别行政区居民在内地从事律师职业管理办法
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Ministry of Justice, Announcement on the Scope of Hong Kong or Macao-related Civil Cases that a Hong Kong or Macao Resident Who have Obtained Mainland Legal Professional Qualifications and a Mainland Lawyer's Practising Certificate May Represent in a Mainland People's Court
The Measures and Announcement expand the scope of civil cases that a Hong Kong or Macao lawyer may represent from marriage, family and inheritance disputes to also intellectual property, corporate, securities, insurance and negotiable instrument cases.
See the digest for more details.
Further reading
PRC Lawyers Law (Revised in 2012), Jan/Feb 2013
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