Features & Analyses

China once welcomed foreign exchange inflows; now, hot money is threatening its developing economy. To control the flow of trade funds, the regulator has set requirements for compliance with rules on advance payments and deferred receipt of payments. The new rules could lead to tax losses and fines for exporters. By David Wang, Chris Yang and Chris Chen, Broad & Bright Shanghai Office.

A new Circular makes it easier for foreign investors to get approval for the conversion of their unlisted shares into B-shares. This may finally render non-listed foreign-investment shares in these issuers obsolete. By Heiner Braun and Miles Ma, Freshfields Bruckhaus Deringer, Shanghai.

A sweeping VAT reform takes place in China on January 1 2009. It will benefit many domestic companies but could block the cash-flow of some foreign invested enterprises, removing advantages enjoyed under the old tax regime. By Joanna Law.

Worldwide, regulators are restricting margin trading and short selling. But China is about to allow securities companies to engage in these types of business for the first time. The new scheme will be tightly controlled and small in scale. By Phil Taylor.

The Chinese capital markers have developed rapidly and sponsorship activities have increased. New Measures for the administration of securities sponsorship aim to fix the weaknesses in the previous legal framework. They will have a significant impact on sponsoring companies and their legal advisers. By Christophe Han and Patrick Chen, Llinks Law Offices, Shanghai.

The Communist Party's Decision on Several Major Issues Concerning the Promotion of Rural Reform and Development proposes a dramatic restructuring of land-use rights in rural China. Farmers will be able to lease their land, and more money will be spent in rural areas. But the effect on migration will be mixed. By Sean Maguire, AllBright Law Offices, Shanghai.

Foreign companies have recently won court cases by claiming their trademarks are well-known in China. A new draft judicial interpretation on the recognition and protection of well-known trademarks in civil litigation will further reinforce such claims. It sets criteria for the recognition of well-known marks and standardises the remedies available for their owners. By Yang Xun, Freshfields Bruckhaus Deringer, Hong Kong.

Threat of litigation against foreign enterprises

The Trial Provisions for the Issuance of Convertible Bonds by Shareholders of Listed Companies promulgated by the China Securities Regulatory Commission opens a new debt financing channel for cash-hungry shareholders in China's financial market. These Provisions are designed to stabilise the country's stock market and ease oversupply of stocks in the A-share market, as panic sets in about possible dumping of newly freed locked-up shares under the Share Segmentation Reform launched in 2005. By Jiang Jiang, Hylands Law Firm partner