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Compliance reviews of real estate trust financing business
The term “real estate trust business” mainly refers to the act whereby a trust company, through the establishment of a trust, manages, applies and disposes of, in the trust company’s name, the real estate trust funds lawfully owned by the settlor in accordance with the wishes of the settlor for the benefit of the beneficiary or for a specific purpose and the subject matter of which is immovable property or the enterprise that operates its real estate. Among commonly seen real estate trust models are the loan-based trust model, equity-type trust model and hybrid-type trust model.
201812-14
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Approaching Shanghai-London Stock Connect
Shanghai-London Stock Connect is the abbreviation for the connectivity mechanism between the Shanghai Stock Exchange (SSE) and the London Stock Exchange (LSE). It refers to the arrangement where eligible companies listed on the two venues can issue depositary receipts (DRs), list and trade them on the other side's market according to local market’s laws and regulations. Meanwhile, through a cross-border conversion mechanism between depositary receipts and underlying securities, the connectivity of the two markets to be realized.
201811-12
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Compliance issues for domestic enterprises listing in Hong Kong
The enthusiasm of domestic enterprises to list in Hong Kong has exploded of late. Certain seemingly minor non-compliance matters can, if not properly handled, also have an adverse impact on the implementation of a project. This column proposes some ideas to solve and explore the categorization and requirements of Hong Kong Exchanges and Clearing (HKEx) with regards to the disclosure of non-compliance matters.
201810-31
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Compliance of foreign investments in Chinese healthcare big data
This column analyzes briefly, but comprehensively, the issue of compliance in foreign investments in Chinese healthcare big data from three major aspects – investment access, investment method and engagement in business.
201810-09
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Baidu cookie case: Compliance in big data-based precision marketing
Big data-based precision marketing is a key manifestation of upgrades and transformation in the online advertising industry. However, in the development process, it has also faced legal and compliance issues. This column proposes to analyze this briefly in light of the Baidu cookie case.
201808-28
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Compliance reviews on mortgage balance asset securitization
Mortgage balance asset securitization refers to the asset-backed securities (ABS) of a business in which cash flow generated by accounts receivable on mortgage balance assets serve as the backing for repayment. As of the end of March 2018, more than 20 mortgage balance ABS products had been successfully offered on the market, amounting to approximately RMB30 billion. This column summarizes the key points of the compliance reviews of the application for such projects by the two major national stock exchanges (the Exchanges).
201807-18
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Anti-corruption compliance in outbound investment
For the past few years, apart from countries and regions with a low level of corruption such as the US, western Europe and Hong Kong, the destinations of Chinese overseas investment have included more and more countries with a high level of corruption. Even though anti-corruption compliance is not a major focus of concern, the consequence of stepping over the red line for overseas non-compliance will be severe. It is increasingly important for Chinese companies to reduce overseas anti-corruption risks and take action to ensure lawful and compliant operations.
201806-11
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Trends in Shanghai administrative penalty cases 2016-2017
With the implementation of the “relaxed access, stringent oversight” strategy by state regulators, non-compliant operational acts by enterprises are more likely to be subject to administrative penalties, directly affecting enterprises’ credibility. The author statistically analysed more than 20,000 administrative penalty decisions for the years 2016 and 2017, published in Shanghai’s industry and commerce system, and, through a big data analysis and comparison, hopes to help enterprises clearly understand the direction of administrative law enforcement and effectively guard against compliance risks.
201805-16
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The Role of the Chinese Community Party in FIEs What is the truth and how to deal with it?
201804-24
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Do SOEs serving as GPs comply with regulations in China?
As private equity funds are booming, state-owned enterprises (SOEs) become increasingly involved in these funds. Arrangements where SOEs serve as general partners (GPs) of partnership funds are not uncommon. However, it seems that these arrangements are not lawful, because Article 3 of the Partnership Law prohibits solely state-owned enterprises (SSOEs) and SOEs from acting as general partners.
201804-17