On October 8, 2016, the Ministry of Commerce (MOFCOM) issued the Interim Measures for Filing Administration of Establishment and Change of Foreign Invested Enterprises (“Measures”).

1. Sphere of Application

On September 3, 2016, the Ministry of Commerce (MOFCOM) issued the Interim Measures for Filing Administration of Establishment and Change of Foreign Invested Enterprises (Draft for Comments) (“Measures”) to solicit public opinions on the draft.

1. Sphere of Application

On November 8 2016, the Supreme People's Court (the “SPC”) issued the Provision of the Supreme People's Court on Several Issues Relating to Handling of Property Preservation Cases by People's Courts (the “Provision”) which shall become effective as of December 1 2016.

According to the previous legal practice in China, the property preservation is difficult to be executed due to the excessively high requirements on the application of the preservation, the discrepant criteria of the judgement, the improper executions, etc. Under such circumstances, on one hand, it becomes quite easy for the debtors to conceal or transfer their property before or during the process of dispute resolution. On the other hand, if any malicious preservation occurs, the debtors’ legitimate rights cannot be protected properly.

On April 12, 2016, the Supreme People’s Court issued the Provisions of the Supreme People’s Court on Issues Relating to Application of Company Law of the People’s Republic of China (IV) (Draft for Public Comments) (“Provisions”).

The Provisions include 36 clauses covering five parts. Among others, six clauses relating to the direct litigation and shareholder representative litigation will be discussed hereof.

On April 12, 2016, the Supreme People’s Court issued the Provisions of the Supreme People’s Court on Issues Relating to Application of Company Law of the People’s Republic of China (IV) (Draft for Public Comments) (“Provisions”).

The Provisions include 36 clauses covering five parts. Among others, eight clauses relating to the preemptive rights will be discussed hereof.

On April 12, 2016, the Supreme People’s Court issued the Provisions of the Supreme People’s Court on Issues Relating to Application of Company Law of the People’s Republic of China (IV) (Draft for Public Comments) (“Provisions”).

The Provisions include 36 clauses covering five parts. Among others, three clauses relating to shareholders’ right to request the profit distribution will be discussed hereof.

On April 12, 2016, the Supreme People’s Court issued the Provisions of the Supreme People’s Court on Issues Relating to Application of Company Law of the People’s Republic of China (IV) (Draft for Public Comments) (“Provisions”).

The Provisions mainly focus on the following contents:

The Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Property Law of the PRC (I) (the “Interpretation”) was promulgated on February 22, 2016, and came into effect on March 1, 2016.

1. Registration of Immovable Property and Confirmation of the Ownership of Property Rights

On October 28, 2015, the Ministry of Commerce of People’s Republic of China issued the Decision of the Ministry of Commerce on Revising Certain Regulations and Normative Documents (“Decision”), which took effect on the same day. The Decision aims to deepen the reform of foreign investment enterprises (“FIE”) in respect of registered capital registration system and the transformation of government functions, move forward the facilitation of the business registration system, effectively optimize the business environment, and further stimulate the vitality of market.

According to the Decision, the main changes are listed as follows:

On October 02, 2015, State Council of People’s Republic of China (the "China") released Opinions of the State Council on the Implementation of the Market Access Negative List (the “Negative List”) System (the "Opinions"). The Draft will come into effect as of December 1, 2015 and shall remain in force till December 31, 2017. The Draft, once taken into effect, will affirm the equal basis for all the market entities to invest in the different industries, sectors and businesses not included in the Negative List, which is comprehensively used by other countries to administrate domestic market, administrating state-owned enterprises, non-state-owned enterprises, domestic enterprises and foreign invested enterprises on an equal basis. The implementation of the market access negative list system is a significant change of approach and framework regarding administration of Chinese government from government-led administration to a looser resident self-governance.

1. Background