Practical Law China November Focus 2016 | Practical Law

Practical Law China November Focus 2016 | Practical Law

Details of Practical Law China's new and updated resources for November 2016.

Practical Law China November Focus 2016

Practical Law UK Legal Update w-004-7391 (Approx. 8 pages)

Practical Law China November Focus 2016

by Practical Law China
Published on 30 Nov 2016China
Details of Practical Law China's new and updated resources for November 2016.

Speedread

This November Practical Law China has expanded its coverage of corporate, FDI and M&A with the publication of Practice notes, National security review in China: overview and Merger control in China: a practical guide. The former provides an overview of the regulatory regime of the national security review (NSR) process in China, including the mechanisms for the NSR of foreign acquisitions and for within China's free trade zones. The latter gives an overview of the Chinese merger control review regime and its implementation rules, including the types of transactions subject to notification, consequences of failure to notify, timing of the review, potential clearance remedies, and required submission details.
For the employment and benefits practice area, we have published Standard clause, Employee handbook: sick leave policy, a template policy on sick leave for employees based in China that can be incorporated into a staff handbook.
In addition, we have strengthened our bilingual content with the publication of five Chinese language standard clauses for the employment and benefits practice area (see Chinese language version).
As usual, we have published our regular monthly roundup of key items for general counsel, GC Agenda China (see Article, GC Agenda China: November 2016) and separate legal updates for important legal and practical developments in this month (see Legal updates) and have updated a number of materials in the light of recent developments (see Maintenance).

New content

Corporate, FDI and M&A

We have published Practice note, National security review in China: overview. This note provides an overview of the regulatory regime of the national security review (NSR) process in China, including the implementing mechanism dedicated for the NSR of foreign acquisitions and the enhanced NSR mechanism operated within China's free trade zones. This note also discusses the developments of the 2015 National Security Law and the 2016 Network Security Law.
We have also published Practice note, Merger control in China: a practical guide. This note provides an overview of the Chinese merger control review regime under the 2007 Anti-Monopoly Law and its implementation rules. It discusses the types of transactions subject to notification, consequences of failure to notify, timing of the review, potential clearance remedies, and required submission details. The note has a flow chart to show the indicative timeline of the merger control process and also a table to summarise the milestone dates of MOFCOM's published decisions.

Employment and benefits

We have published Standard clause, Employee handbook: sick leave policy. This clause is a policy on sick leave for employees based in China that sets out the sick leave entitlements that employees have under Chinese employment law and can be incorporated into a staff handbook as a part of various leave entitlement policies.

Chinese language version

China-related transactions between Chinese and foreign parties usually involve simultaneous work on English and Chinese-language drafts. To assist practitioners in handling these transactions, we continue to publish Chinese language versions of core standard clauses. For this month, see:
For more information on our bilingual resources, see Practical Law China bilingual content.

GC Agenda China: November

The new GC Agenda China is now out. GC Agenda China provides practical, specific and actionable advice on key issues for GC covering China. GC Agenda China is also a useful reference point for external counsel who needs an overview of the main developments outside their own practice area.
This month's GC Agenda China covers:
  • China's newly enacted Network Security Law.
  • CAC's provisions on live streaming.
  • State Council's online finance rectification plan.
  • SAIC's guiding opinions on opening up enterprise name databases.
  • NDRC's draft negative list for internet market access.
  • NPC's revised law on private schools.

Maintenance

This month, we have updated a number of resources in areas including anti-bribery and anti-corruption, corporate, FDI and M&A, employment and benefits, IP & IT and real estate.
For details of the changes, follow the link to the resource you are interested in and click on "Show resource history" in the action box at the top right hand of the page.