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China Allows Foreign Exchange Cash Pooling
Fuli Cao, November 18, 2009
On October 12, 2009, the State Administration of Foreign Exchange ("SAFE") issued the Administrative Rules on Foreign Exchange Cash Pooling of Group Members of Enterprises in China, Hui Fa [2009] No. 49 (the "Rules"). The Rules provide guidelines for the establishment and...

New Chinese Court Developments Provide Insights into Anti-Monopoly Law
Renee Gu, H. Stephen Harris, Peter J. Wang, Yizhe Zhang, November 10, 2009
On October 23, 2009, two private lawsuits filed under China's Anti-Monopoly Law ("AML") were resolved, allowing more insight into the workings of the new statute. In the "Shanda-Sursen Case," the opinion by the Shanghai No. 1 Intermediate People's Court provides an indication...

Special Purpose Companies Holding Investments in China May Not Be Protected By Tax Treaties
Fuli Cao, November 10, 2009
Many multinational corporations set up holding companies in favorable jurisdictions to hold equity investments in China. One of the popular locations is Hong Kong. According to the "Agreement between the Mainland of China and the Hong Kong Special Administration Region for the Avoidance of...

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