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AllBright Newsletter [2016.04]

Tax risks and compliance issues in corporate equity M&A

In M&A transactions, especially in equity deals, tax-related issues directly affect the transaction costs for the acquiring party, as well as the taxation risks after the acquiring party takes over the target company. This article will analyze tax compliance issues and recommend how to mitigate taxation risks from the perspective of the acquiring party.

Key compliance points for contract-based PI funds

A private investment (PI) fund is an investment fund established with funds raised from investors in a non-public manner. In a contract-based PI fund, the fund contract serves as the legal medium specifying the rights and obligations of the investors, fund manager and fund custodian. Such a fund has clear advantages over PI funds organized in the form of a limited partnership or company, in terms of the number of qualified investors, operational convenience, taxation, etc. With the increasing popularity of contract-based PI funds, fund investors, publicity and promotion, and investment in third parties have become the focus of regulatory authorities regarding the compliant operation of such funds.

Stay up to speed on compliance measures of corporate IP ownership

Intellectual property (IP) ownership is the fundamental principle for IP. We need to first clarify and identify the ownership of IP before we can reasonably distribute benefits between the inventor and the rights holders. On the issues of IP ownership, how to co-ordinate the interests among the employees as the inventor, and the enterprise as the rights holder, is important to keep employees motivated to create and encourage the enterprises to keep innovating in accumulating intellectual properties.

AllBright Newsletter [2015.12]

Antitrust compliance mechanisms essential to enterprises

The intensity with which regulatory authorities have cracked down on monopoly behaviour by enterprises has increased year by year. Recently, Qualcomm was handed the largest ever penalty in China’s anti-monopoly history. With stringent enforcement of the Anti-Monopoly Law (AML) now the “new normal”, the establishment by enterprises of sound anti-monopoly compliance systems is extremely important.

Surcharge compliance in international maritime shipping

International container shipping freight rates are the remuneration for maritime cargo transport services made by liner operators, including maritime freight and surcharges. The rates are regulated by the market and are determined by liner operators based on their transport operation costs and supply and demand in the shipping market in accordance with industry practice or international conventions.

How import-export enterprises can set up customs compliance systems

Since the General Administration of Customs (Customs) began fully implementing its economic operator accreditation system, authorized economic operators (AEO) have benefited from measures to facilitate customs clearance and are also eligible for corresponding facilitation measures from jurisdictions which have mutual recognition arrangements with Customs. It is extremely valuable for enterprises to set up their own customs compliance mechanisms and become customs AEO.

Some things to keep in mind in PPP project compliance review

Since 2014, the public-private partnership (PPP) model has been well regarded and widely applied by every level of government. The State Council, ministries and local authorities have all issued legislation providing legal guidance on PPP project compliance.

Changes in forex compliance relating to FDI and ODI

On 28 February, the State Administration of Foreign Exchange (SAFE) issued the Notice on Further Simplifying and Improving Administrative Policies on the Direct Investment of Foreign Exchange (Forex Notice) and its complementary Guidelines for the Operation of Foreign Exchange Transactions Relating to Direct Investment, which took effect on 1 June.