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CHINESE UPDATE – Foreign Investment in China has entered into the Fast Track – Interpretation of the New Implementing Regulations of the Foreign Investment Law of the People’s Republic of China (“PRC”)

On December 31, 2019, the Implementing Regulations of the Foreign Investment Law of the People’s Republic of China (the “Regulation”), an important administrative regulation facilitating the implementation of the Foreign Investment Law of the People’s Republic of China (“Foreign Investment Law”), was officially published. It came into force on January 1, 2020, together with the … Continued

Editors' Note: This article was authored by Mr. Zheng Yu, a partner at JunHe. Mr. Zheng has broad experience advising multinational companies on their business and investment projects in China, including complex foreign direct investments, cross-border M&A, dispute resolution (arbitration and litigation), corporate compliance, employment issues and tourism real estate projects in China.  Liao Yueyue (Counsel), Yu Daxing (Associate), Jia Lu (Associate) and Wang Xiao (Associate) also contributed to the article.

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DANISH UPDATE – Nasdaq Copenhagen introduces 90% majority requirement for de-listings

On 7 January 2020 Nasdaq Copenhagen announced an update to its issuer rules, introducing a requirement that a request for de-listing by an issuer of shares must be approved by 90% of the votes cast and share capital represented at a general meeting of the issuer in question. The new rules constitute a significant change … Continued

Editors’ Note: This article was co-authored by Dan Moalem (Partner) and Henning Hedegaard Thomsen (Senior Associate) at Moalem Weitemeyer Bendtsen.

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DUTCH UPDATE: Dutch Supreme Court Orders Government to Achieve 25% Reduction in Greenhouse Gas Emissions

On December 20, 2019 the highest court of the Netherlands upheld an earlier decision by a lower court that insufficient action to address climate change posed a “risk of irreversible changes to the worldwide ecosystems and liveability of our planet” and a “serious risk that the current generation of citizens will be confronted with loss … Continued

Editors’ Note: This article was co-authored by Leo Groothuis and Freerk Vermeulen, partners at NautaDutilh.

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CHINESE UPDATE – Cross-Border M&A and Protectionism – A Review of Laws and Practice in China

Cross-Border M&A and Protectionism – A Review of Laws and Practice in China Daniel He, JunHe LLP 1. The New PRC Foreign Investment Law On March 15, 2019, the National People’s Congress of the People’s Republic of China (“PRC” or “China”) approved the PRC Foreign Investment Law (“FIL”) which will be implemented on January 1, … Continued

This article was authored by Mr. Daniel He, a partner at JunHe.  Mr. He has broad experience advising multinational companies in merger and acquisition projects, joint venture transactions, and strategic investment projects in various industries such as food & nutrition, auto parts, logistics, real property, and retail & distribution. Mr. He also serves as China counsel to a number of leading companies and non-government organizations in their general corporate and regulatory compliance matters throughout China.

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GLOBAL UPDATE – Cross-Border M&A Guide

Cross-Border M&A Guide Wachtell, Lipton, Rosen & Katz recently published the inaugural edition of their Cross-Border M&A Guide, which is available here. This new Cross-Border M&A Guide covers the key U.S. legal considerations not only for acquisitions of U.S. companies by non-U.S. companies (or “inbound” M&A transactions), but also for acquisitions of non-U.S. companies, including … Continued

Editor's Note: This submission was contributed by Adam O. Emmerich, Robin Panovka, Raaj S. Narayan and Matthew T. Carpenter.

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CHINESE UPDATE – Legal Commentary on New Foreign Investment Law

“Grand Unification” Era of China’s Administration on Foreign Investment – A Brief Commentary on the New Foreign Investment Law On December 26, 2018, the National People’s Congress published the Foreign Investment Law of the People’s Republic of China (Draft) (the “Draft”) in order to solicit public opinion. Based on a wide variety of opinions received … Continued

Editors’ Note: Contributed by Adam Li and Fang He, partners at JunHe and members of XBMA's Legal Roundtable.  Mr. Li is a leading expert in international mergers & acquisitions, capital markets and international financial transactions involving Chinese companies.  Ms. He has broad experience in M&A, outbound investment, foreign direct investment, and private equity.

This article was authored by Mr. Zheng Yu, a partner at JunHe.  Mr. Zheng has broad experience advising multinational companies on their business and investment projects in China, including complex foreign direct investments, cross-border M&A, dispute resolution (arbitration and litigation), corporate compliance, employment issues and tourism real estate projects in China.  Xiao Wang, an associate at JunHe, also contributed to the article.

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CHINESE UPDATE – Brief Commentary on the Foreign Investment Law

Brief Commentary on the Foreign Investment Law (Draft) Changes, Highlights and Expectation On December 26, 2018, the National People’s Congress published the Foreign Investment Law of the People’s Republic of China (Draft) (the “New Draft”) in order to solicit public opinion. The New Draft is a revised version of an earlier draft of the Foreign … Continued

Editors' Note: Contributed by Adam Li, a partner at JunHe and a member of XBMA’s Legal Roundtable.  Mr. Li is a leading expert in international mergers & acquisitions, capital markets and international financial transactions involving Chinese companies.  This article was authored by Mr. Zheng Yu, a partner at JunHe. Mr. Zheng has broad experience advising multinational companies on their business and investment projects in China, including complex foreign direct investments, cross-border M&A, dispute resolution (arbitration and litigation), corporate compliance, employment issues and tourism real estate projects in China.  Xiao Wang, an associate at JunHe, also contributed to the article.

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CHINESE UPDATE – Bond Market Enforcement to be Unified under the CSRC

Bond Market Enforcement to be Unified under the CSRC On December 3, 2018, the People’s Bank of China (the “PBOC”), the China Securities Regulatory Commission (the “CSRC”) and the National Development and Reform Commission (the “NDRC”), were authorized by the State Council to jointly issue their Opinions Concerning the Relevant Issues on Further Strengthening Law … Continued

Editors’ Note: Contributed by Adam Li, a partner at JunHe and a member of XBMA’s Legal Roundtable. Mr. Li is a leading expert in international mergers & acquisitions, capital markets and international financial transactions involving Chinese companies. This article was authored by Ms. Man Wu, counsel at JunHe. Ms. Wu has ample experience in drafting rules as well as the investigation and supervision of different entities, such as listed companies, securities companies and fund management companies. Ms. Wu also worked for the China Securities Regulatory Commission (CSRC) for 13 years before joining JunHe.

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U.S. UPDATE – SEC to Study Quarterly Reporting & Earnings Guidance and their Contribution to Short-Termism

SEC to Study Quarterly Reporting & Earnings Guidance and their Contribution to Short-Termism In a potentially significant step for public companies and the U.S. economy, the SEC today launched a formal comment process aimed at optimizing the periodic reporting system for U.S. companies. The SEC’s review is wide-ranging, reaching whether reforms could and should be … Continued

Editors’ Note: This article was authored by Sabastian V. Niles of Wachtell, Lipton, Rosen & Katz.

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ISRAELI UPDATE – Israel’s Anti-Concentration Law: An Opportunity for New Players

As we conclude the contested law’s first phase, its widespread impact is felt on the Israeli market Known from ancient times as a land of milk and honey, nowadays the nation of Israel is also a nation of opportunity. The law commonly referred to in Israel as the “Concentration Law,” requires investors deemed to be … Continued

Editors’ Note: Contributed by Shirin Herzog, head of the Mergers and Acquisitions, Securities and International Transactions Department in the Israeli firm of Ron Gazit, Rotenberg & Co. Ms. Herzog handles a variety of Israeli and cross-border merger and acquisition transactions, for public and private companies, and private equity transactions. This post is based on a recent blog post by Ms. Herzog first published in The Times of Israel on November 30, 2017.

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