China’s Supreme Court Clarifies Non-Retroactive Application of Article 88 (1) of the New Company Law
China’s Supreme People’s Court has confirmed that Article 88(1) of the New Company Law will not be applied retroactively to disputes involving equity transfers made before July 1, 2024. This clarification aims to alleviate widespread concerns among prior shareholders and resolve inconsistencies in judicial rulings across regions.
New Draft Measures to Further Clarify Implementation of China’s Amended Company Law
The draft measures clarify requirements for company registration, removal of personnel, payment of registered capital, and many other rules under the amended Company Law.
Complying with New Registered Capital Rules under China’s Revised Company Law
Companies established before the new company law took effect on July 1, 2024, should note the timeline to adapt to the new registered capital rules in China.
China Issues Judicial Interpretations on the New Company Law’s Applicability and Retrospective Effect
The final version of the 2023 China Company Law came into effect July 1, 2024 and the Supreme People’s Court has issued judicial interpretations regarding the application and effectiveness of the Company Law. While adhering to the principle that laws do not apply retroactively, the Interpretations clarify situations where provisions of the New Company Law take precedence.
China’s Revised Company Law in Effect from July 1, 2024: Key Details Here
The revised Company Law includes major changes to company capital rules, corporate governance structures, shareholder rights, and liquidation procedures.
China’s New Company Law: Considerations for Foreign Stakeholders and FIEs
The New Company Law brings substantial changes with implications for new and existing foreign invested enterprises and stakeholders in China. Foreign investors must assess if adjustments to existing structures or new business negotiations are necessary.
Tax Implications for Businesses Under China’s New Company Law
Under the New Company Law, companies and stakeholders face new tax implications. Ahead of its implementation, thorough understanding, staying informed, and consulting legal and tax experts are essential for proactive risk management.
A Guide to China’s New Company Law for Foreign Investors – New Publication Out Now
China’s New Company Law has far-reaching implications for businesses. In this publication, we guide foreign investors through the changes of the New Company Law for existing and new FIEs and relevant stakeholders.