Insights into Good Corporate Governance for Chinese WFOEs

With decades of experience providing high-quality legal services to foreign investors doing business in China, and in particular greenfield investments, foreign investors often ask us about officer assignments to their Chinese subsidiary and officer liabilities under Chinese laws. Taking the WFOE – the wholly foreign-owned enterprises, a limited company wholly-owned by foreign investors and the predominant vehicle for foreign investment into China – as an example, we look at the topic of good corporate governance from both a legal and a practical perspective.
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Shanghai Lockdown: Legal Strategies to Cut Employment Costs

26 April 2022
The lockdown in Shanghai of April 2022 has already caused a lot of difficulties to foreign-invested companies. Some of these may be temporary, with certain facilities (delivery, banks) not operating and offices closed. For example:
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Why a “Tax Health Check” is important in China

1 September 2021
The official launch of the Golden Tax System Phase IV, an upgraded version of the Golden Tax System Phase III, is about to be implemented in China. The new system will not only monitor the business process of the taxation system as its former version did, but it will also monitor “non-tax” business. This means that in the near future, the Chinese tax authorities will achieve the transition from “tax management by invoices“ to “tax management by numbers”.
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China Reduces Penalties on Certain Tax Violations

In the Announcement of the State Taxation Administration [2021] No. 6 issued on 31 March, China’s tax office tried to make the country’s tax system a little friendlier. As part of the 2021 "Spring Wind Campaign - Making Tax Easy for Taxpayers" and following initiatives of the State Council (China’s chief administrative authority), the new rules introduce a list of tax offenses which will be exempt from administrative penalties if:
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China’s Regulatory Changes Benefit Cosmetics Industry

22 February 2021
China’s is already the world’s second-largest cosmetics market, but international players in particular are optimistic that it will grow further. According to figures from China’s Ministry of Commerce, the value of imported cosmetics over 2020 grew a whopping 30%, which underscores the continued demand for international products in this category.
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R&P and Key Lawyers Receive Prestigious Awards

27 January 2021
We are delighted to announce that during a ceremony on 21 January 2021, R&P and some of its lawyers received a number of prestigious awards. Given to leading performers in Putuo District, these awards are endorsed by the Shanghai Putuo District Judicial Bureau and co-organized by the Shanghai Lawyers Association Putuo Working Committee.
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R&P Employment Practice Recognized by Legal500

We are pleased to announce that the 2021 edition of the Legal500 Asia Pacific has given special recognition of R&P’s labor and employment practice!  This ranking highlights R&P expertise in supporting international clients on the termination of senior officers, mass lay-off strategies, the resolution of labor disputes and arbitrations, and day-to-day support in employment matters. Maarten Roos and Robin Tabbers were specifically mentioned as key […]
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“Salvation lies within” – Compliance Inspectors instead of Prosecutors

China is on its way to build up a “system of compliance instead of prosecution”. Earlier in 2020, the Supreme Procuratorate designated 6 district procuratorates (including Shanghai, Shenzhen, Jiangsu Province and Shandong Province) to implement trial practices imposing compliance requirements as rectification on suspected private companies (vis-à-vis state-owned companies), refraining from approving arrests, charges or enforce substantial punishments on cooperative suspects meeting the set requirements.
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Brands Impacted by New Rules for Compliance of Promotional Sales Activities

Special sales promotions such as “6.18” and “Double Eleven” have shown to be a very successful to encourage consumption on e-commerce platforms, and so it is not surprising that sales promotions have become an important means for international and domestic brands to expand sales in the Chinese market.
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Tax Risks on Expatriates when Applying for Tax-free Rental Benefits

Expatriates that live and work in China continue to enjoy certain privileges when it comes to individual income tax (IIT) on their income, namely tax-free deductions for rent, relocation, language training, school, and home leave travel. The Chinese government has created these benefits to establish a favorable work environment for foreigners, which has contributed significantly […]
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