Features & Analyses

With a view towards improving mainland employers' incentive processes for employees, the Ministry of Finance and the State Administration of Taxation have jointly issued a new Circular clarifying tax treatment and liabilities surrounding stock option schemes of listed companies.

China's capital market is certain to benefit from the China Banking Regulatory Commission and the People's Bank of China's joint release of new Procedures on the securitization of credit assets. Limitations remain, however, concerning the types of institutions that can originate securitizations and the types of assets that can be securitized.

After failed attempts in 1999 and 2001, China is again taking the necessary but daunting step of integrating its non-tradable state-owned shares with those that are tradable. Could this be the catalyst that the mainland IPO and restructuring markets need?

China has made considerable efforts in overhauling its IP legal regime since the country's accession to the WTO in 2001. Still it will be some time yet before these reforms transpire into meaningful ground-level improvements in the enforcement of IP rights.

On January 11 2005, the Beijing Higher People's Court released the Determination of the Liability for Damages for Copyright Infringement Guiding Opinions (Guiding Opinions). The Guiding Opinions are China's first official opinions specifically dealing with the issue of compensation for copyright infringement.

The merger of separate foreign-invested joint ventures in China is a recent development in PRC company formations.

New revisions have been made to CIETAC's arbitration rules. How have the new revisions further facilitated the recourse to PRC arbitration?

China and the Association of Southeast Asian Nations (ASEAN)1 signed the landmark ASEAN-China Agreement on Trade in Goods (ACFTA) on November 29 2004. What does the ACFTA mean for regional business?

China's anti-trust regime is still at an early stage of development. This month we have a look at the key features of China's legal environment for anti-trust issues, and compare it with legal regimes in more sophisticated jurisdictions.