Asia Pacific

On Enterprises’ Obligations of Reporting Employees’ Information during the Epidemic

After the outbreak of Novel Coronavirus Pneumonia (COVID-19), government
departments, enterprises and institutions across the country have been
actively collecting information on the epidemic situation with a view to
maintaining the normal production order and economic order. On February 4,
the Office of the Central Cyberspace Affairs Commission (“CAC”) issued the
Notice on Protecting Personal Information and Using Big Data to Support
Joint Prevention and Control (hereinafter referred to as the “Notice”),
which is intended to urge all local government departments and all
institutions and entities to collect and report personal information related
to the joint prevention and control of the epidemic situation in accordance
with the law, to safeguard personal information security, and to protect
personal privacy from any violation. In this special period, enterprises
must not only make an orderly labor arrangement despite the impact by the
epidemic, cooperate with the information reporting tasks, but also pay
attention to employees’ personal information and privacy protection. This
article aims to clarify the legal basis for collecting and reporting
employees’ personal information to government agencies during this epidemic
situation, and to further provide enterprises with some compliance tips on
how to properly respond to requests for employees’ information from
government departments and secure employees’ personal information and
privacy at the same time. Read more…

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A Prospect on Protection of Innovative Drugs Post US-China Trade Agreement

The United of States and the People’s Republic of China reached the
milestone Economic and Trade Agreement (the “Agreement”) on 15 January
2020. Chapter 1 on protections of intellectual property rights forms an
important part of the Agreement and the terms on protections on innovative
drugs constitute an important part of Chapter 1. When the Agreement is fully
implemented, the landscape of intellectual property protections for
innovative drugs will change significantly and innovative pharmaceutical
companies’ interest will be better protected. Read more…

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The Ministry of Corporate Affairs simplifies the process for Incorporation of Companies

The Ministry of Corporate Affairs (“MCA”) has recently notified the proposed deployment of a new web form “SPICe+” for incorporation of companies. The web form has been issued as part of the Government’s Ease of Doing Business initiative and has replaced the existing SPICe form.
The major changes introduced in the company incorporation process are:
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Chinese Legal and Regulatory Compliance Issues In relation to the Novel Coronavirus Outbreak

Outline:

  • Latest Local Policies on Postponing Work Resumption and Suggestions on Flexible
    Work Arrangements
  • Rent Relief or Termination of the Lease Agreement due to the Epidemic Outbreak?
  • Ten Preferential Policies – Suzhou, Jiangsu Province
  • Impacts of the WHO Declaration – Public Health Emergency of International Concern
  • General Legal Issues in relation to the Epidemic Outbreak
  • Employer Response
  • Toolkit of Relevant Notification & Worksheet

Read more…

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MCA Opens a New Way Out for an Old Problem – Squeezing Out the Minority Shareholders from a Company.

The Ministry of Corporate Affairs, Government of India (“MCA”) vide its Notification dated February 3, 2020, has brought into effect the eagerly anticipated sub-sections (11) and (12) of the Section 230 of the Companies Act, 2013 (“CA2013”). These provisions facilitate the takeover of the company/squeezing out the minority shareholders under a scheme of compromise/arrangement. While the remaining provisions of Section 230 of the CA2013, and for that matter the whole Chapter XV of the CA2013 relating to compromise, arrangements and amalgamations, were brought into effect in the year 2016, it has taken the MCA well over 3 (three) years to notify these key provisions.

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Process for Winding-Up under the Companies Act Revised; Summary Procedure Extended to More Companies

The Ministry of Corporate Affairs, Government of India vide its Notification dated January 24, 2020, has notified the Companies (Winding Up) Rules, 2020 (“Rules”). These Rules are set to take effect from April 1, 2020 and lay down the procedure for winding up on grounds other than inability to pay debts prescribed under Section 271 of the Companies Act, 2013 (“CA2013”). It is pertinent to mention here that the proceedings pertaining to voluntary winding up and winding up on the grounds of inability to pay debts fall within the ambit of Insolvency and Bankruptcy Code 2016 (“IBC”) since its enforcement.

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Enforcement of Foreign Judgments in India – Inclusion of UAE as a Reciprocating Territory

The Ministry of Law and Justice, Government of India vide its Notification dated January 17, 2020 (“Notification”) declared United Arab Emirates (“UAE”) a “reciprocating territory” for the purposes of enforcing foreign civil decrees in India. The declaration has been made by the Indian government in exercise of powers under Explanation 1 appended to Section 44A, Code of Civil Procedure, 1908 (“CPC”). Pursuant to the Notification, decrees passed by the courts in UAE are now executable in India as if they were passed in India.

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Improved IP Protections under the Foreign Investment Law

On 1 January 2020, the PRC Foreign Investment Law (the “Foreign Investment Law”) and the PRC Implementation Regulation of the Foreign Investment Law (the “Foreign Investment Regulation”) (collectively, “FI Laws”) came into effect. Among other provisions regulating foreign equity investment in China, the FI Laws restate China’s position to strengthen the protections over foreign intellectual properties. Although it is still too early to see the real effects, the FI Laws have at least shown us a likely improved environment to protect foreign investors’ IP rights. Read more…

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FEMA Overhaul and Bifurcation of Debt and Non- Debt Instruments

The Finance Act of 2015 had proposed certain amendments to the Foreign Exchange Management Act, 1999 (“FEMA”). After a long delay, the amendments have finally been notified by the Central Government on October 15, 2019. Pursuant to the notification, the Central Government issued the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”) and Foreign Exchange Management (Non-debt Instruments) (Amendment) Rules, 2019 (“Amendment Rules”) (collectively referred to as “Rules”) and the RBI issued the Foreign Exchange Management (Debt Instrument) Regulations, 2019 (“Debt Regulations”) and the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019.

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Llinks Client Alert – Antitrust

I. The State Administration for Market Regulation issues the Draft of the Revised PRC Anti-Monopoly Law (Exposure Draft);

The State Administration for Market Regulation issues the Interim Provisions of the Review of Concentration of Undertakings (Exposure Draft);

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