Legislation roundup: Foreign banks, free trade zones and lawyers' rights

Banking

State Council, PRC Regulations for the Administration of Foreign-invested Banks (2nd Revision)
国务院中华人民共和国外资银行管理条例 (第二次修订)

The revised Regulations lift the requirement for a wholly foreign-owned bank or Sino-foreign equity joint venture bank to allocate a minimum amount of operating capital from the head office when establishing a branch. Also, when a foreign bank establishes a wholly foreign-owned bank or Sino-foreign equity joint venture bank or when a foreign bank establishes a branch in China for the first time, it is no longer required to have established a representative office in China.

See the digest for more details.

See the full translation for more details.

Further reading
Implementing Measures for Administrative Permission Items of Foreign-funded Banks
Implementing Rules for the PRC Regulations for the Administration of Foreign-invested Banks


Free trade zones

Standing Committee of the National People's Congress, Decision on Authorising the State Council to Provisionally Adjust the Administrative Examination and Approval Specified in Relevant Laws in the China (Guangdong) Pilot Free Trade Zone, China (Tianjin) Pilot Free Trade Zone, China (Fujian) Pilot Free Trade Zone and the Extended Area of the China (Shanghai) Pilot Free Trade Zone
全国人民代表大会常务委员会关于授权国务院在中国（广东）自由贸易试验区、中国（天津）自由贸易试验区、中国（福建）自由贸易试验区以及中国（上海）自由贸易试验区扩展区域暂时调整有关法律规定的行政审批的决定

The Decision authorises the State Council to provisionally change the examination and approval to record filing in the newly established Guangdong, Tianjin and Fujian free trade zones and the extended area of the Shanghai free trade zone in respect of:

(1) establishment of wholly foreign-owned enterprises;
(2) division or merger of wholly foreign-owned enterprises or other changes in their material matters;
(3) term of operations of wholly foreign-owned enterprises;
(4) establishment of Sino-foreign equity and cooperative joint ventures; and
(5) establishment of enterprises invested by Taiwanese compatriots.

See the digest for more details

Further reading
General Plan for the China (Shanghai) Pilot Free Trade Zone
Shanghai Municipality, Special Administrative Measures for Foreign Investment Access in the China (Shanghai) Pilot Free Trade Zone (Negative List) (Revised in 2014)
A window into the future
Not so free zone?


Dispute resolution

Supreme People's Procuratorate, Provisions for the Protection of the Practice Rights of Lawyers in Accordance with the Law
最高人民检察院关于依法保障律师执业权利的规定

The Provisions expressly specify that procuratorial authorities protect six rights of lawyers, among them are the right to meet their clients, the right to review case files and the right to investigate and gather evidence.

The Provisions specify that when a procuratorial authority handles a direct acceptance, opening and investigation case, no permission is required by the lawyer to meet with his/her client except in particularly material criminal bribery cases.

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Further reading
Rules for the Criminal Procedure of People's Procuratorates (Trial Implementation)