The Taiwan Financial Supervisory Commission (“FSC”) on 2 August 2005 promulgated new rules governing the offering of overseas funds in Taiwan (the “New Rules”). Please refer to our Client Update by email which was issued in September 2005 and posted on our website: www.deacons.com.hk for our Executive Summary on the New Rules. Deacons has held a client seminar on the subject in September and we had the honour of Mr. Gordon Hsin, senior director of SITCA presiding ...
Offshore Investment of Foreign Currency Assets of Chinese Insurance Companies Following the Provisional Regulatory Measures on Offshore Investment of Foreign Currency Insurance Assets (“Provisional Measures”) issued by the China Insurance Regulatory Commission (“CIRC”) in August 2004 which allow qualifying PRC insurance companies to invest their foreign currency assets (which include proceeds raised through overseas listing) offshore subject to certain limits (please refer to our Client Update
In January 2005, the Hong Kong Securities & Futures Commission (“SFC”) issued a Consultation Paper on the disclosure of interests in securities of Hong Kong listed companies under Part XV of the Securities & Futures Ordinance (“SFO”). Conclusions to the consultation were issued in May 2005. The most significant of these include the following: Investment managers: non-aggregation Interests (and short positions) of companies are attributed to their holding companies and other “controllers” ...
Authorisation of funds by the Macau Monetary Authority (“MMA”) is necessary for funds to be distributed to the public in Macau. Authorisation will only be granted if the investment funds have been duly authorised in their country of origin and the respective funds managers and custodians are subject to supervision by a competent home regulator. In practice funds are usually authorised in Macau on the basis that they are already authorised by the SFC in Hong Kong ...
In our last newsletter we provided a summary of the Securities & Futures Commission’s (“SFC”) proposed amendments to the SFC’s guidelines on hedge funds. The SFC has now concluded its consultations and the hedge fund guidelines have been amended. As proposed, in assessing compliance of the personnel of investment managers with the requirement for five years relevant experience, a wider range of hedge fund experience will now be acceptable ...
The SFC and the Jersey Financial Services Commission have signed a letter of intent to enhance regulatory co-operation. The SFC has indicated that this is part of a programme being undertaken with a view to working towards mutual recognition of investment products to enable easier distribution of recognised products. The practical impact of this programme has yet to be seen ...
The SFC published its conclusions on the Consultation Paper on Proposed Amendments to the Schedule 5 to the Securities and Futures Ordinance in September. The Consultation Paper had proposed amendments to the definitions of certain regulated activities as set out in the SFO. The main proposals were: • To extend the definition of "asset management" to include management of real estate investment trusts ...
Consultation Paper on Conditional Fees On 14 September 2005, the Law Reform Commission of Hong Kong Conditional Fees Sub-Committee (the “Sub-Committee”) published a consultation paper on conditional fees (the “Consultation Paper”) recommending, among other things, that the existing prohibitions against the use of conditional fees in certain types of civil litigation by legal practitioners be lifted, so that legal practitioners may choose to charge conditional fees in appropriate cases ...
The National People’s Congress of the People’s Republic of China issued a draft Property Rights Law in July 2005 for public consultation. The Law is expected to be enacted in March 2006. The Law will be a pillar of the Chinese legal system. It is said that legal property ownership and rights are a novel concept in China ...
The Ministry of Information Industry ("MII") promulgated the Measures for the Administration of the Filing for the Record of Non-Commercial Internet Information Services (the "Recordal Measures") on 8 February 2005. The Recordal Measures took effect on 20 March 2005. It provides detailed guidelines on recordal filings for non-commercial websites ...
The Ministry of Finance and the State Administration of Taxation jointly issued the Notice on the Issue of the Levy of Individual Income Tax on Income Derived by Individuals from Stock Options on 31 March 2005 ("Notice"). The Notice, which entered into effect on 1 July 2005, provides a number of guidelines regarding the taxability of such schemes. Taxable event The Notice applies to stock options granted to employees of listed companies or their holding companies ...
The State Administration of Foreign Exchange ("SAFE") issued the Notice on Relevant Issues in Perfecting Foreign Exchange Control in Mergers and Acquisitions by Foreign Investors ("Notice 1") on 24 January 2005 and the Notice on Relevant Issues in the Registration of the Offshore Investments of Individual Domestic Residents and Foreign Exchange Registration of Mergers and Acquisitions by Foreign Investors ("Notice 2") on 21 April 2005 ...
The Ministry of Commerce, the National Development and Reform Commission and the State Administration for Industry and Commerce jointly promulgated the Implementing Measures for the Administration of Branded Automobile Sales on 21 February 2005. The Measures, which entered into effect on 1 April 2005, are aimed at bringing more order in the Chinese automobile market ...
The General Office of the Ministry of Commerce issued the Notice on Transmitting and Issuing the Letter of Reply of the General Office of the State Council on the Issue of the Detailed Applicability of the Capital Contributions of Investors in, and the Liquidation of, Foreign Investment Enterprises ("the Reply") on 18 March 2005 ...
The China International Economic and Trade Arbitration Commission ("CIETAC") also updated its financial arbitration rules, the Arbitration Rules for Financial Disputes of CIETAC. The revised Financial Arbitration Rules replace the 2003 rules (as discussed in the July 2003 Issue of China Legal Update - http://www.deacons.com.hk/eng/knowledge/knowledge_156.htm) and took effect on 1 May 2005 ...
The Standing Committee of the National People’s Congress passed Amendment (5) to the Criminal Law of the People's Republic of China (the "Amendment") on 28 February 2005. The Amendment was promulgated by President Hu Jintao and became effective on the same date. The Amendment introduces detailed penal provisions on credit card abuse and fraud and on damaging military equipment. We discuss the new sections regarding credit card abuse and fraud below ...
The State Administration of Taxation ("SAT") issued the Notice on Relevant Issues in Adjusting the Method for Calculation of Individual Income Tax Annual Lump Sum Bonus Etc. Received by Individuals on 21 January 2005. The Notice, which took effect on 1 January 2005, repeals two SAT Notices issued in 1996 and addresses the issue of the calculation of individual income tax ("IIT") on annual bonuses ...
The China International Economic and Trade Arbitration Commission ("CIETAC") has recently updated the Arbitration Rules of CIETAC 中国国际经济贸易仲裁委员会仲裁规则 ("Rules"). The revised Rules came into effect on 1 May 2005. Specialist arbitration rules The revised Rules provide for the possibility of using rules, which have been tailor-made for specific industries ...
The Taiwan Financial Supervisory Commission ("FSC") on 2 August 2005 promulgated new rules governing the offering of overseas funds in Taiwan ("the New Rules"). The New Rules take immediate effect and significantly change the existing rules and landscape for overseas funds being offered in Taiwan ...
The Ministry of Commerce ("MOFCOM") promulgated the Measures for the Administration of Foreign Investment in the Leasing Industry on 21 January 2005. The Measures superseded the 2001 Provisional Measures for the Administration of the Examination and Approval of Leasing Companies with Foreign Investment when they entered into effect on 5 March 2005 ...
On 27 April 2005, the People’s Bank of China ("PBOC") promulgated the Measures Governing the Issuance of Financial Bonds on the National Inter-bank Bond Market ("the Measures"). The Measures entered into force as of 1 June 2005 and represent an attempt by China’s central bank to standardise the activities of issuing financial bonds on the national inter-bank bond market ...
In 2005, China’s State Administration of Foreign Exchange ("SAFE") released the Circular on Verification of Quotas for 2005 on Short-term Foreign Loans of Overseas-funded Banks ("Circular") and its Supplementary Circular on Questions Related to Renminbi Loans with Guarantees in Foreign Exchange ("Supplementary Circular", and together the "Circulars"). The Circulars are intended to facilitate the enforcement of loan registration requirements on renminbi loans with guarantees in foreign exchange ...
