Features & Analyses

China has revised and issued new accounting standards, bringing the country's financial reporting system for listed companies in line with international practices.

In an effort to widen insurers' investment options, insurance regulatory authorities have issued new rules launching a pilot programme allowing insurance companies to invest in infrastructure projects. Will the new laws provide a safe means to boost returns for China's insurance companies and their policyholders?

In 2005, China's Ministry of Commerce announced the expiry of anti-dumping measures offering protection to various Chinese domestic industries from imported products being 'dumped' onto the local market. Given that domestic industries actively participate in 'sunset' reviews to extend the application of the measures, it would be practical for foreign producers and exporters to become familiar with the procedural and substantive elements of the sunset review process in China.

In a bid to raise returns and diversify its portfolio, the PRC's National Social Security Fund has asked foreign institutions to apply to manage its billions of dollars in pension funds to be invested overseas. What type of investments are permitted and what mechanism has been put in place to safeguard the overseas management of the investment funds?

The Measures for the Administration of Internet Electronic Mail Services is the first legislative attempt to address the surging internet usage in the PRC through stipulations on the provision of internet email services, the provision of access services to internet email service providers (ESPs) and the sending of emails using the internet inside the PRC. Emails containing 'commercial advertisements' are imposed with requirements on labelling, recipient delisting, and recipients' express consent. ESPs were also required to comply with new technical and administrative provisions, breach of which shall attract fines. However, without an express definition of 'spam' and 'advertising', the precise effect of the law remains to be seen.

China's new Company Law has laid a solid foundation for companies to improve their corporate governance, including new provisions granting significant rights to minority investors vis à vis management and controlling shareholders. The new law also grants shareholders the ability to enforce these rights through derivative and direct lawsuits. However, given China's weak enforcement environment and relative inexperience with private lawsuits, is the new law adequate to uphold shareholders' rights?

The Measures for the Administration of Internet Electronic Mail Services is the first legislative attempt to address the surging internet usage in the PRC through stipulations on the provision of internet email services, the provision of access services to internet email service providers (ESPs) and the sending of emails using the internet inside the PRC. Emails containing 'commercial advertisements' are imposed with requirements on labelling, recipient delisting, and recipients' express consent. ESPs were also required to comply with new technical and administrative provisions, breach of which shall attract fines. However, without an express definition of 'spam' and 'advertising', the precise effect of the law remains to be seen.

Chinese domain names have become an important online marketing tool for businesses with a strong presence in China. However, the lack of regulation is a major concern and may lead to website domain name disputes. What options are available to resolve such disputes and how can businesses protect these intellectual property rights?

New PRC legislation encourages and supports a broad range of renewable energy and related products and activities, in pursuit of energy supply diversity and security, environmental protection and sustainable development. Promotion of domestic manufacturing may leave foreign equipment exporters out in the cold, while foreign investors and technology providers stand to benefit from incentives and an expanding market.