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Han Kun Law Offices | November 2024

On 8 November 2024, the Standing Committee of the National People's Congress, after three readings, adopted the amendedAnti-Money Laundering Law(the "Amended AML Law"), which will take effect on 1 January 2025 and replace the originalAnti-Money Laundering Law(the "Original AML Law"), in effect since 2007 ...

Han Kun Law Offices | November 2024

On November 1, 2024, the Ministry of Commerce of the PRC ("MOFCOM") and five other administrative authorities issued revisions to theMeasures for the Administration of Strategic Investment in Listed Companies by Foreign Investors(the "Measures"), which make significant changes to the original version promulgated in 2005 ...

Han Kun Law Offices | October 2024

Recently, the National Medical Products Administration (the "NMPA") issued the "Pilot Work Plan for the Segmented Production of Biological Products" (the "Pilot Plan"), introducing a pilot initiative for the segmented production of biological products. This represents a breakthrough in the regulation of segmented production, a long-awaited achievement in the biopharmaceutical industry ...

Han Kun Law Offices | October 2024

The National Financial Regulatory Administration ("NFRA") issued theAdministrative Measures for Syndicated Loan Business("Administrative Measures") on 12 October 2024, which will take effect from 1 November 2024 and shall amend and replace theGuidelines on Syndicated Loan Businessissued by the China Banking Regulatory Commission on 1 August 2011 (the “Business Guidelines”). NFRA released a draft of the Administrative Measures for public consultation on 22 March 2024 ...

Han Kun Law Offices | October 2024

On 30 September 2024, China's State Council announced the finalizedRegulation for theAdministration of Network Data Security(《网络数据安全管理条例》, "Network Data Regulation"), which will take effect on 1 January 2025. This regulation provides a framework for personal information (PI) protection, cross-border data transfers, network data security management and the responsibilities of internet platform providers ...

Han Kun Law Offices | September 2024

On 6 September 2024, the China Securities Regulatory Commission (CSRC) publicly released feedback regarding an application submitted by Mizuho Securities Co., Ltd. (Mizuho Group) for the establishment of Mizuho Securities (China) Co., Ltd. (“瑞穗证券(中国)有限公司”). If approved, Mizuho Group will become the fifth foreign financial group to establish a wholly foreign-owned (WFOE) securities company in China, joining the ranks of J.P ...

Han Kun Law Offices | September 2024

On September 8, 2024, the Ministry of Commerce, together with the National Health Commission and the National Medical Products Administration (hereinafter referred to as the "Three Departments"), publicly issued theNotice on Carrying Out Pilot Programs to Expand Opening-Up in the Healthcare Sector(hereinafter referred to as the "Notice"), announcing that,effective immediately, foreign-invested enterprises are permitted to engage in the development and application of human stem cells, gene diagno

Han Kun Law Offices | September 2024

On August 28, 2024, the National Medical Products Administration (NMPA) released the Medical Device Administration Law (Draft for Comment) (hereinafter referred to as the "Draft") for public comments ...

Han Kun Law Offices | August 2024

On 16 August 2024, the National Financial Regulatory Administration (NFRA) issued a consultation draft of theMeasures for Compliance Management of Financial Institutions(金融机构合规管理办法) (Draft Measures). The public comment period is open until 17 September 2024. Developing unified compliance management measures for relevant financial institutions can be traced back to the 2022 legislative agenda put forth by the China Banking and Insurance Regulatory Commission (CBIRC) ...

Han Kun Law Offices | August 2024

On July 26, 2024, the Ministry of Natural Resources ("MNR") promulgated the Notice of the Ministry of Natural Resources on Strengthening the Administration of Surveying, Mapping and Geoinformation Security of Intelligent Connected Vehicles ("Notice 139"), reiterating the importance of the security of surveying, mapping and geoinformation ...

Han Kun Law Offices | August 2024

China's pharmaceutical industry is witnessing a notable surge in "pipeline spin-off projects", a model commonly referred to as the "Spin-off-NewCo" or "SON" model. Within the past two months, we've been advising on nearly ten SON projects. Leading pharmaceutical companies in China are more frequently adopting the SON model to separate parts of their pipelines into new, independent companies ...

Han Kun Law Offices | July 2024

On 26 July 2024, the People's Bank of China (PBOC) and the State Administration of Foreign Exchange (SAFE) released the revisedProvisions on the Administration of Funds of Foreign Institutional Investors for Domestic Securities and Futures Investment(《境外机构投资者境内证券期货投资资金管理规定》, the "Revised Provisions"), which will come into effect on 26 August 2024 and supersede the current version issued on 7 May 2020 (the "Current Provisions") ...

Han Kun Law Offices | July 2024

The methods employed by criminals to transfer and conceal proceeds of crime on a global scale are becoming increasingly sophisticated, making effective mutual legal assistance in criminal matters crucial for cross-border asset recovery ...

Han Kun Law Offices | May 2024

On April 12, 2024, the China Securities Regulatory Committee ("CSRC") released a public consultation draft of theProvisions on Program Trading Management in Securities Markets (for Trial Implementation)(《证券市场程序化交易管理规定(试行)(征求意见稿)》, the "Draft Provisions") ...

Han Kun Law Offices | May 2024

In recent years, the regulatory framework for human genetic resources ("HGR") in China has become increasingly mature ...

Han Kun Law Offices | May 2024

China's National Medical Products Administration (NMPA) released the 2023 Drug Review Annual Report on its official website on February 4, 2024, closely followed by the 2023 Medical Device Registration Annual Report on February 5. According to the public information, more than 60 innovative drugs have been approved by NMPA from 2022 to 2023, and a total of 61 innovative medical devices have been approved in 2023 ...

Han Kun Law Offices | March 2024

The Cyberspace Administration of China (CAC) issued theProvisions on Regulating and Promoting Cross-Border Data Flows (Draft for Comments)(《规范和促进数据跨境流动规定(征求意见稿)》)on September 28, 2023 seeking public comments, which garnered significant attention. Yesterday (March 22, 2024), the CAC issued the official version of theProvisions on Promoting and Regulating Cross-Border Data Flows(《规范和促进数据跨境流动规定》)(the "Official Provisions"), which came into effect immediately upon publication ...

Han Kun Law Offices | March 2024

On 14 March 2024, the National Development and Reform Commission("NDRC") of the People's Republic of China ("PRC") issued theCircular on Supporting Quality Enterprises to Borrow Medium-and Long-term Foreign Debts to Promote Quality Development of the Real Economy (Draft for Comments)(the "Draft Circular")(《国家发展改革委关于支持优质企业借用中长期外债 促进实体经济高质量发展的通知(征求意见稿)》) to solicit public opinion from 14 March 2024 to 13 April 2024 ...

Han Kun Law Offices | February 2024

In recent years, license-in/out transactions have become the most common way for innovative drugs and medical devices (including medical aesthetics) companies to collaboratively develop and commercialize medical products and related technologies. According to public information, in China, the total amount and number of investment and financing in life sciences sector have witnessed a significant decline from 2021 to 2023, with the investment amount being only a quarter of that in 2021 ...

Han Kun Law Offices | February 2024

On 24 January 2024, to deepen the opening-up of the bond market and further facilitate the liquidity management of overseas institutional investors, the People's Bank of China ("PBOC") and the State Administration of Foreign Exchange published theAnnouncement on Further Supporting Overseas Institutional Investors Engaging in Bond Repurchase Business in the China Interbank Bond Market(draft for comments) (the "Announcement") (《关于进一步支持境外机构投资者开展银行间债券市场债券回购业务的公告(征求意见稿)》) to solicit public opinion ...

Han Kun Law Offices | January 2024

On December 29, 2023, the Standing Committee of the National People's Congress (the "NPC") formally adopted revisions tothe Company Law of the People's Republic of China(the "Revised Company Law"), which will come into effect on July 1, 2024. China's Company Law was first adopted in 1993 and has since undergone several rounds of revisions over the last 30 years ...

Han Kun Law Offices | January 2024

On November 23, 2023, the State Council published theOfficial Reply of the State Council on the Work Plan for Supporting Beijing in Promoting the Construction of a Comprehensive Demonstration Zone for Further Opening up the National Service Sector(the "Reply") ...

Han Kun Law Offices | January 2024

China's Company Law was enacted in 1993 and underwent certain amendments in 1999, 2004, 2005, 2013 and 2018. In response to the latest trends and demands in economic development, China adopted a comprehensive amendment to the Company Law on December 29, 2023 (the "2023 Company Law"), which will take effect on July 1, 2024. The rules concerning capital contribution are of great importance to companies and their shareholders and creditors ...

Han Kun Law Offices | January 2024

Barely a week ago on December 29, 2023, China's legislative body passed and President Xi Jinping signed into law the newly revised Company Law, effective from July 1, 2024 (the "New Law"). It makes a big splash to the business community for both the law's as-pillar significance, and the striking degree of revisions (over a quarter of provisions are involved with major changes) ...

Han Kun Law Offices | January 2024

Driven by the passion and belief, and fraught with various risks and challenges, the research and development of innovative drugs and medical devices is a journey that's never easy. Along the journey, an individual may stride resolutely, yet with companionship, two can traverse faster and farther ...

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