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Han Kun Law Offices | December 2021

On December 6, 2021, the State Administration for Market Regulation issued a circular to seek public comments on a draft of the Measures for Determination of Illegal Gains in Administrative Penalty Cases by Administrations for Market Regulation (Draft for Comment) (the “Draft Measures”), which is open for public comment until January 5, 2022 ...

Han Kun Law Offices | February 2024

In recent years, license-in/out transactions have become the most common way for innovative drugs and medical devices (including medical aesthetics) companies to collaboratively develop and commercialize medical products and related technologies. According to public information, in China, the total amount and number of investment and financing in life sciences sector have witnessed a significant decline from 2021 to 2023, with the investment amount being only a quarter of that in 2021 ...

Han Kun Law Offices | September 2022

On September 14, 2022, the Cyberspace Administration of China (the "CAC") released an exposure draft of the Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Comment) (the "Draft") ...

Han Kun Law Offices | February 2023

On February 1, 2023, the China Securities Regulatory Commission ("CSRC") started soliciting public feedback on the draft Administrative Measures for the Registration of Initial Public Offerings ("Draft Administrative Measures") and other major rules of the registration-based share offering scheme ...

Han Kun Law Offices | November 2023

On September 28, 2023, the Cyberspace Administration of China (the "CAC") issued theProvisions on Regulating and Promoting Cross-border Data Flows (Draft for Comment)(the "Draft Provisions") ...

Han Kun Law Offices | May 2021

On the morning of April 10, 2021, the State Administration for Market Regulation (“SAMR”) issued on its website an administrative penalty decision and an administrative guidance document against a major digital undertaking for abuse of its dominant position in the domestic digital retail platform services market due to its exclusive dealing behaviors, so-called “choosing one of two”. The administrative penalty imposed amounted to RMB 18 ...

Han Kun Law Offices | February 2023

On February 17, 2023, China Securities Regulatory Commission ("CSRC"), as approved by the State Council, released new rules for the filing-based administration of overseas securities offerings and listings by Chinese domestic companies ("New Filing Rules"). The New Filing Rules signal a new era of unified filing system for overseas offerings and listings by Chinese companies. We have summarized below five key points of the New Filing Rules for your quick reference ...

Han Kun Law Offices | February 2022

Crowded release of new AML rules With the continuous development of onshore financial markets and the ever-intensifying requirements globally for anti-money laundering (“AML”), it has become increasingly imperative for China to improve its AML legal and regulatory frameworks to give further play to the role of AML in building up the modern financial system and deepening the two-way opening-up of the financial industry ...

Han Kun Law Offices | February 2022

Crowded release of new AML rules With the continuous development of onshore financial markets and the ever-intensifying requirements globally for anti-money laundering (“AML”), it has become increasingly imperative for China to improve its AML legal and regulatory frameworks to give further play to the role of AML in building up the modern financial system and deepening the two-way opening-up of the financial industry ...

Han Kun Law Offices | March 2022

On February 10, 2022, the Ministry of Industry and Information Technology (“MIIT”) issued a second draft of the Measures for Administration of Data Security in the Field of Industry and Informatization (for Trial Implementation) (Draft for Comment) (the “Measures”), which makes revisions to the first draft in response to public comments received following its issuance on September 30, 2021. This second draft opened for public comments until February 21, 2022 ...

Han Kun Law Offices | March 2022

On February 10, 2022, the Ministry of Industry and Information Technology (“MIIT”) issued a second draft of the Measures for Administration of Data Security in the Field of Industry and Informatization (for Trial Implementation) (Draft for Comment) (the “Measures”), which makes revisions to the first draft in response to public comments received following its issuance on September 30, 2021. This second draft opened for public comments until February 21, 2022 ...

Han Kun Law Offices | February 2023

On 17 February 2023, the People's Bank of China (PBoC) issued for public comments the Interim Measures for the Administration of Interconnection and Cooperation between the Interest Rate Swap Markets of the Mainland and Hong Kong (Draft for Comments)(the "Draft Swap Connect Measures"). The public comment period is open until 4 March 2023 ...

Han Kun Law Offices | March 2023

On December 30, 2022, the Asset Management Association of China ("AMAC") issued a consultation draft of the Measures for Registration and Filing of Private Investment Funds (《私募投资基金登记备案办法 (征求意见稿)》) and the ancillary Guidelines No. 1-3 on private fund manager registration (collectively, the "Draft Rules"). On February 24, 2023, AMAC issued the updated Measures for Registration and Filing of Private Investment Funds (《私募投资基金登记备案办法》) (the "Measures") and the ancillary Guidelines No. 1-3 (i.e ...

Han Kun Law Offices | February 2022

On February 18th, 2022, the Asset Management Association of China (“AMAC”) issued the Announcement on Issues related to Application for Fund Practitioner Qualification by Overseas Fund Professionals (关于境外基金专业人才申请基金从业资格有关事项的公告, the “Announcement”), allowing eligible overseas professionals to register with AMAC as PRC fund practitioners ...

Han Kun Law Offices | February 2022

On February 18th, 2022, the Asset Management Association of China (“AMAC”) issued the Announcement on Issues related to Application for Fund Practitioner Qualification by Overseas Fund Professionals (关于境外基金专业人才申请基金从业资格有关事项的公告, the “Announcement”), allowing eligible overseas professionals to register with AMAC as PRC fund practitioners ...

Han Kun Law Offices | January 2023

On December 30, 2022, the Asset Management Association of China ("AMAC") issued a consultation draft of the Measures for Registration and Filing of Private Investment Funds (《私募投资基金登记备案办法 (征求意见稿)》) (the "Draft Measures") and the ancillary Guidelines No. 1-3 on private fund manager registration〔i.e. Guideline on Basic Operational Requirements ("Guideline No. 1"), Guideline on Shareholders, Partners and Actual Controllers ("Guideline No ...

Han Kun Law Offices | July 2016

On July 25, 2016, China Food and Drug Administration (“CFDA”) published the latest "Measures for the Administration of Drug Registration (revised draft)” (“Latest Revised Draft”) for public comments1 ...

Han Kun Law Offices | November 2022

On 11 November 2022, the China Banking and Insurance Regulatory Commission ("CBIRC") issued for public consultation a draft revision to the PRC Banking Supervision Law (the "Consultation Draft"). The current PRC Banking Supervision Law was first promulgated in February 2004 and was amended once in 2006 (the "Current Law") ...

Han Kun Law Offices | July 2021

On 10 July 2021, the Office of the Central Cyberspace Affairs Commission and the Office of Cybersecurity Review under the Cyberspace Administration of China (“CAC”) promulgated the Measures for Cybersecurity Review (the “Review Measures”) (Revised Draft for Comments) (the “Draft”) ...

Han Kun Law Offices | January 2024

Driven by the passion and belief, and fraught with various risks and challenges, the research and development of innovative drugs and medical devices is a journey that's never easy. Along the journey, an individual may stride resolutely, yet with companionship, two can traverse faster and farther ...

Han Kun Law Offices | June 2022

Introduction On June 24, 2022, the 13th NPC Standing Committee adopted an amendment to the Anti-monopoly Law at its 35th meeting, following the submission of a second deliberation draft on June 21, 2022. The amendment will enter into force on August 1, 2022 ...

Han Kun Law Offices | July 2022

Introduction The NPC Standing Committee on June 24, 2022 enacted the Amended Anti-monopoly Law, which entered into force on August 1, 2022 (the “amended Anti-monopoly Law”).  This is the first time the Anti-monopoly Law has been amended since its promulgation nearly 15 years ago and is the legislative outcome of a four-year endeavor by China’s lawmakers since the revision work was formally planned in 2018 by the Anti-monopoly Commission of the State Council ...

Han Kun Law Offices | January 2021

On November 27, 2020, mainland China and the Hong Kong Special Administrative Region (“HKSAR”) signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Supplemental Arrangement”) ...

Han Kun Law Offices | May 2021

On May 12, the Cyberspace Administration of China (“CAC”) issued for public comments the Several Provisions on Administration of Automobile Data Security (Draft for Comment) (“Draft Provisions”). The Draft Provisions would be the first departmental rules dedicated to addressing data compliance requirements in the automobile industry. Unlike previous draft standards[1] proposed for connected vehicles, the Draft Provisions would apply to vehicles of all types ...

Han Kun Law Offices | August 2021

On August 20, 2021, the Personal Information Protection Law of the People’s Republic of China (the “PIPL”) was officially promulgated, which will come into effect on November 1, 2021. The PIPL will become the first systematic and comprehensive law in China that focuses on the protection of personal information ...

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