Legislation roundup: P2P loan cases, railway investment and highway operations

August 07, 2015 | BY

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This week the SPC has increased the liability of P2P online lending platforms in loan cases, private capital has been encouraged in railway construction projects and a maximum 30 years has been set for highway operation

Financing

Supreme People's Court, Provisions on Several Issues Concerning Application of the Law in the Trial of Private Loan Cases
最高人民法院关于审理民间借贷案件适用法律若干问题的规定

If a P2P online lending platform provider expressly states on a webpage, in advertising or in other media, or there is other evidence to show, that it provides security for loans, the people's court may, at the request of the lender, render a judgment ordering the P2P online lending platform provider to bear security liability.

Further reading
In the news: PBOC cracks down on internet finance, IPO freeze opens up PE and Audi gives its China dealers aid
Guiding Opinions on Promoting the Healthy Development of Internet Finance

Regulating asset management
Courts get tough on ISPs
Cracking down on e-commerce


Infrastructure

National Development and Reform Commission, Ministry of Finance, Ministry of Land and Resources, et. al., Implementing Opinions on Further Encouraging and Expanding the Investment of Private Capital in Railway Construction
国家发展和改革委员会、财政部、国土资源部等关于进一步鼓励和扩大社会资本投资建设铁路的实施意见

The Opinions particularly encourage the investment of private capital in the construction and operation of intercity railways, urban (suburban) railways, resource development railways and feeder lines, and encourage the participation of private capital in the investment in passenger and cargo railway transport service industry and railway “going global” projects.

Further reading
Opinion on Reforming the Railway Investment and Financing System to Accelerate and Promote Railway Construction
How China's businesses can secure project bids


Ministry of Transport, Regulations for the Administration of Tolled Roads (Draft for Comments on Amendments)
交通运输部收费公路管理条例 (修订征求意见稿)

The term of operation for a highway concession may not exceed 30 years. However, for highways with large investments and a long payback period, the term of operation may, subject to approval, exceed 30 years.

Further reading
Provisions for the Administration of Invitation for and Submission of Bids for Commercial Highway Construction Projects by Investors
Operational Guidelines for Public-private Partnerships (Trial Implementation)

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