Creating a viable legal framework for the use and protection of security interests has been an ongoing process in China. This month we are pleased to have an overview of some of the key aspects of security law development in the PRC.
The China International Economic and Trade Arbitration Commission (CIETAC) has become one of the busiest arbitration centres in the world. Along with its heavy caseload have come questions about CIETAC's impartiality. How accurate are the allegations?
Joint venture trading companies are now allowed on a wider scale. Trading companies can now be set up anywhere in China, the registered capital requirements and requirements for investors are less restrictive than in previous regulations, and the scope of business is wider.
Rules on foreign-invested venture capital enterprises were promulgated in 2001, but fell considerably short of expectations. New rules in this important area have recently been issued. Have they overcome the limitations of the prior rules?
The PRC's new Foreign Debt Administration Tentative Procedures set out tighter foreign debt registration requirements, while collecting and putting a high-level government imprimatur on various policies and practices.
Futures trading in China has had a chequered past. New rules make for a limited opening of the sector, and might constitute a new beginning for China's futures markets, though further legislation is needed to clarify the opportunities for foreign investors.
The Ministry of Agriculture issued new rules on infringement cases involving plant varieties. They constitute another important part of the regulatory infrastructure for the protection of PVRs in China.
On December 6 2002 the Guangdong Provincial People's Congress passed the Guangdong Province, Electronic Transactions Regulations (the Regulations). These are the first regulations in China to address the particulars of electronic transactions.
New regulations from the central bank target the use of financial institutions to launder funds obtained by criminal means. Under new rules, both renminbi and foreign currency transfers through financial institutions under the PBOC's supervision will come under heightened scrutiny.