Legal Representative is a basic company system under current China Corporate Law. That is, any new established company should appoint a natural person as the company’s legal representative, who may act on behalf of the company.

The Supreme Court issued a Judicial Explanation recently over Marriage and Divorce Law. There is a clause which may have substantial influence to expat who is ready to get married in China.

On September 6, 2011, the Ministry of Human Resources and Social Security issued the Interim Measures for the Participation of Foreigners Employed in China in Social Insurance (the Measures) which came into effect on October 15, 2011.

The recognition and enforcement of a foreign judgment/arbitral award not only affects the right and interest of the parties to the judgment/arbitral award, but can be a matter of sovereignty. In today’s international community, it becomes popular one state recognizes the judgment/arbitral award made by a foreign court/arbitration organization based on certain conditions, which brings convenience to the parties to the judgment/arbitral award and promotes the friendship of the states involved.

On June 3, 2010, the Ministry of Culture (MOC) issued a regulation called Tentative Rule on Administration of Online Game (the Rule). The new Rule highlights that online game players should register their real names before participating in virtual competitions in cyberspace.

The People's Bank of China (PBOC) issued a new regulation called Administration Rules on Non-bank Institutions Payment Service (the Rule) saying that non-bank payment service providers would need a license to conduct third party payment transactions in the nation.

The common property refers to the property acquired and owned by the wife and the husband through the duration of marriage. The duration of marriage starts from the date of marriage to the date either party dies or the date of divorce.

Know the liability of shareholders or directors in case of non-performance of liquidation liability.

In China, with the increase of foreign investment and prosperity of international trade, the cooperation between Chinese company and foreign company becomes more diversified and complicated. As a result, the number of business disputes has been increasing rapidly. When the dispute arises, the parties involved will seek a fast and efficient dispute settlement mechanism.

Starting your business by setting up a representative office in China is an effective and relatively cheap way. However, a representative office is not an independent legal entity. It is prohibited from engaging in direct business activities, such as manufacturing, production and sales. So its business scope is limited.

The State Administration of Taxation issued Notice on Administration of Individual Income Tax Collection regarding Stock Transfer (hereinafter “Notice”) on May 28, 2009. The Notice emphasizes the liability of individual income tax payment by individual shareholders for the stock transaction and a strict procedure is set to avoid tax evasion.

On January 8, 2009, Shanghai Human Resources and Social Security Bureau promulgated Notice on Implementation of Employee Layoff Report by Employer (hereinafter Notice), which provides guidance from a legislative perspective for companies which need to lay off employees under current economic crisis. Together with the Employment Contract Law of PRC, there are following issues which shall be considered by companies regarding layoff.

The author outlines the highlights on China’s first case regarding trademark reverse passing-off.

In this article, the author addresses certain aspects related to a company’s dissolution and liquidation in China.

Chinese visa is a permit issued to a foreigner by the Chinese visa authorities to enter, exit from or transit through the Chinese territory.

Customs IP (intellectual property right) Protection is a system widely adopted by countries in the world. In China, there are three basic conditions for acquiring customs IP protection. The first, the IP refers to the trademark, copyright and patent. The second, these IP shall be protected under China’s law. That is, the IP shall be duly registered in China or recognized by China through a proper way. The third, the customs protection mainly cover the goods for import and export.

On December 29, 2007, China promulgated the Administration Rule on Establishment of Ship Survey Company by Foreign Ship Survey Organization, which means China has formally opened its market in ship survey industry to foreign investment. This new law will become effective from March 1, 2008.

Recently, franchises has been developing fast in China, covering more than sixty industries and trades such as catering, retailing, clothes-washing, indoor decorations and gym. However, the market order of franchises is chaotic in some industries and areas. There are also some illegal and criminal activities under the guise of franchises. Under such circumstances, several important laws have been promulgated to regulate the commercial franchising activities.

China's tax refund policy for re-investment with profit by foreign investor