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Asia - Recent Legal Articles

  • Hong Kong Court Orders Ernst & Young to Disclose PRC Audit papers
       Provided by Angela Wang & Co.

    On 23 May 2014, the Court of First Instance ordered the Hong Kong office of Ernst & Young (“EY”) to produce, certain audit working papers and underlying accounting documents from its Chinese affiliate to the Securities and Futures Commission (“SFC”) pursuant to notices under section 183 of the Securities and Futures Ordinance (“SFO”).

  • Shanghai Free Trade Zone Releases 2014 Negative List Revision
       Provided by John Oneil International

    The broad negative list initially issued at the launch of the Shanghai Free Trade Zone (FTZ) in Oct 2013 has been revised as promised. The newly issued negative list issued on June 30 2014 takes immediate effect and decreases the initial number of prohibitions from 190 to 139.

  • Duties of Directors Under the New Indian Companies Act, 2013
       Provided by Global Jurix

    Duties and responsibilities of the Directors of a company, particularly the public limited companies, have been explicitly and lucidly stipulated in the new Indian Companies Act of 2013, which were rather obscure in the earlier CA-1956. These duties and liabilities of both the general Directors and the Independent Directors, are described in the Section 166, and the Schedule IV of the CA-2013. Discover these vital duties, for highly efficient and impeccable corporate management and governance.

  • Design Infringement Claim Backfires in Malaysia
       Provided by Patrick Mirandah Co.

    In a court action between Tropicana Products, Inc. (“Tropicana”) and the F&N companies (Fraser and Neave, Limited and its subsidiaries, F&N Diaries (M) Sdn Bhd and F&N Beverages Manufacturing Sdn Bhd) (“F&N” collectively), the Court of Appeals in Malaysia (“Appeals Court”) reversed the decision of the Kuala Lumpur High Court (“High Court”) granting Tropicana’s infringement claims and further revoking F&N’s industrial design registrations.

  • Significant Changes to Several Requirements on Registration of Foreign Invested Enterprises in China
       Provided by UB & Co. Attorneys and Counselors

    On June 17, 2014, the Ministry of Commerce of China issued a notice regarding the improvement of review & approval and statistical rules of foreign investment in China (the “Notice”) and the Notice shall take effect as of its promulgation date. The Notice revised several important issues regarding the review and approval of registration of foreign-invested enterprises (the “FIE”) in China.

  • After an Arrest in China, What Are the Rules for Pressing Charges?
       Provided by Lehman, Lee & Xu

    There is no “Preliminary Hearing” in China criminal procedure. The Initial investigation is carried out by the prosecutor (Called The People’s Procuratorate in China), who will then decide if the case is deserving of criminal charges.

  • Profit Utilization of Limited Liability Company in Indonesia
       Provided by Leks&Co

    Profit utilization of limited liability company is regulated under Article 70-73 Law Number 40 of 2007 on Limited Liability Company (“Company Law”).

  • China Taxation - New VAT Rate For Biological Products
       Provided by MMLC Group

    This article looks at the reasons behind the newly announced reduction in VAT for biological products by the Chinese government.

  • Can You be Held Responsible for Texting a Driver Who Causes an Accident?
       Provided by Brijnandan Singh Bhar & Co

    Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.

  • Regulations of Azerbaijan's Oil and Gas Market
       Provided by Remells Law Firm

    General information on Azerbaijani laws and regulations, including production sharing agreements, that apply to development of Azerbaijan's oil and gas reserves.

  • Education Sector In India - Legal Perspective & Analysis
       Provided by Vaish Associates Advocates

    Right to education has now become a fundamental right under Article 21A of the Constitution of India, although, the United Nations (UN) Conventions and Principles recognized this right many years ago. Universal Declaration of Human Rights (UDHR), which was adopted in 1948 also recognizes the Right to Education under its own Article 26.

  • Kazakhstan: Comparative Analysis in Forming and Running a Business
       Provided by Legalmax Law firm

    Now the Republic of Kazakhstan, as one of the leading economies of CIS represents jurisdiction open for investment activities, introducing the foreign investors with mounting economic opportunities, supported with favorable investment climate, advanced in development of legislation and business oriented tax and customs policy.

  • What are Your Rights if You are Arrested by Police in China?
       Provided by Yingke Law Firm

    Do you know what are your rights if you are related into some crime or illegal things in China? You may know what you can do in USA, but here in China things are totally different.

  • The Difference Between Talaq and Khulla
       Provided by Irfan Mir Halepota & Associates

    Talaq is the Islamic term for divorce. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.

  • Enforcement of Foreign Awards in India
       Provided by Rautray & Co.

    Prior to the enactment of the Arbitration and Conciliation Act, 1996 (“Act”) the enforcement of foreign awards were governed by the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961 (“1961 Act”). The law on annulment of domestic awards was governed by the Indian Arbitration Act, 1940 (“1940 Act”). The 1961 Act was enacted by the Indian Legislature to implement the New York Convention.

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