Procedures and requirements for changing the Legal Representative in China
The legal representative is a position that wields considerable authority within an organisation. This article walks you through some important considerations, the procedure for changing a legal representative in China and a checklist of documents required.
The Validity of Electronic Contracts and Signatures in Hong Kong
In Hong Kong, the Electronic Transactions Ordinance confers equal legal effect on electronic records used in contract formation and electronic signatures as their paper counterparts. Contracting online is subject to the same requirements as contracting offline.
Trademark Squatting Without Substantial Infringement May Violate Anti-Unfair Competition Law
Trademark squatting is a practice rife in China for all the wrong reasons. As China operates a first-to-file, rather than a first-to-use, system, companies are more susceptible to having their trademarks misappropriated. The journey from application to full registration and protection can take up to a year and a half – a loophole often exploited […]
China Introduces New Measures on Security Assessment for Cross-Border Data Transfers
The Cyberspace Administration of China (“CAC”) promulgated the Measures on Security Assessment of Cross-Border Data Transfer (“Measures”) on 7 July 2022, which delineate the security assessment procedures required for cross-border data transfers. The Measures provide clarification on the overall requirement to conduct a security assessment before exporting data out of China as set out in […]
Going Green: Environmental Compliance For Companies Operating in China
Although considered a latecomer to global environmental governance by many, China has been catching up by leaps and bounds, whose staunch commitment to the cause is in full evidence. In his video address to the UN General Assembly in 2021, President Xi Jinping reaffirmed China’s determination in striving to peak carbon dioxide emissions before 2030 […]
Noteworthy Changes in China’s New Stamp Duty Law
On 1 July 2022, the Stamp Duty Law passed by the Standing Committee of the 13th National People’s Congress at the 29th session on 10 June 2021, took effect, replacing the Interim Regulations of the People’s Republic of China on Stamp Duty (“Interim Regulations”) promulgated by the State Council on 6 August 1988. On 29 […]
Recent requirements for “Real-Name Authentication” in China
According to the new regulation recently promulgated by the State Administration for Market Regulation, a real-name authentication is imposed on those individuals who are in the following (but not limited to) positions in the process of establishment, change, filing, or deregistration of an enterprise: Legal Representative; Person in-charge; Individual shareholder; Director; Supervisor; Senior management personnel […]
China’s Updated Measures on Supervision and Administration of Business Operations of Medical Devices 2022
Regulations on business operations of medical devices have been further tightened as of 1 May 2022, as authorities work on updating existing guidelines. Enterprises selling medical devices in China should take note. To improve existing industry guidelines, the State Administration for Market Regulation released the latest version of the Measures on Supervision and Administration of […]
Digitalization Tools and Trends to Facilitate your Hong Kong Business
Despite the latest waves of the coronavirus pandemic and the tightened quarantine measures, Hong Kong’s economy showed signs of recovery in 2021, with an estimated annual GDP growth rate of 6.4%. The notably positive performance was attributed to the city’s robust export performance and improved private consumption. Although uncertainties remain as we enter the Chinese […]
