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News & Analysis

Exceptional Female In-House Counsel interview series: Jaclyn Jhin, CLSA

31 July 2017 by Asia law

Jaclyn Jhin, managing director and chief legal and compliance officer, CLSA, tells Asialaw about what it takes to be a successful in-house counsel, and the value of mentoring.

News & Analysis

China’s new linkage scheme will transform pharmaceutical patenting

27 July 2017 by Asia law

The China Food and Drug Administration (CFDA) is planning to introduce a patent linkage scheme that will require a generic applicant to make a non-infringement declaration against an innovator’s patent portfolio. By creating this linkage, innovators can rest assured that their innovations are protected while generic drug companies are motivated to get regulatory approval for entry into market by proving that a patent is invalid or not infringed. However, observers warn of potential challenges in implementation.

News & Analysis

What trends can be observed as China cracks down on corruption?

26 July 2017 by Asia law

This year marks the fifth year of President Xi’s anti-corruption campaign, but China is moving only slowly up the ranks of the least corrupt jurisdictions globally. Transparency International had it at 79 on its corruption perception index in 2016, compared to 83 the year before. At the same time, proposals to amend the anti-unfair competition law, a social credit system and a national supervisory commission that is expected be in place by March 2018 shows a clear message from the Chinese government: Big Brother is watching and investigations into suspected corruption will only intensify, so businesses operating in China should ready themselves for legal consequences if their anti-corruption policies are weak.

News & Analysis

China launches reporting framework against tax evasion

05 July 2017 by Asia law

The Common Reporting Standard (CRS) has become effective in China, a sign that the country is taking a full part in the OECD’s initiatives on the automatic exchange of information (AEOI). Soon the tax authorities there will have access to detailed information about the assets held overseas by Chinese taxpayers.

News & Analysis

Australia proposes changes to reverse takeovers rule to require bidders to get shareholder approval

04 July 2017 by Asia law

The ASX (Australian Stock Exchange) has proposed changes to its listing rules to require bidders to obtain shareholder approval for reverse takeovers. These would be takeover bids or schemes of arrangement where the bidder issues more than 100% of existing capital in a bid. The change will probably begin on October 1 but would not apply to transactions announced before the implementation date.

News & Analysis

Malaysia launches new corporate governance Code

28 June 2017 by Asia law

Malaysia’s Securities Commission has announced a new Code on corporate governance to increase the accountability and transparency of public companies. The code took effect on April 26 and all publicly listed companies will be required to comply with it from their annual reports for the 2017 financial year ending December 31.

News & Analysis

Vietnam’s draft competition law targets foreign companies

21 June 2017 by Asia law

Vietnam’s Ministry of Industry and Trade has put out a draft competition law that aims to bring the country’s existing competition laws more in line with international markets. Unlike the existing law, the draft law explicitly covers foreign entities, and introduces anti-competition effect and market power concepts. It is expected to be submitted to the National Assembly later this year and will probably come into force in mid-2018.

News & Analysis

India changes banking regulations to target non-performing loans

19 June 2017 by Asia law

India’s government has announced a change to the Banking Regulation Act to allow the Reserve Bank of India (RBI) to give directions to banks to launch bankruptcy proceedings against defaulters.

News & Analysis

Third-party funding in arbitration now permitted in Hong Kong

15 June 2017 by Asia law

Like it or not, arbitration can be expensive. Third-party funding arrangements offer a possible solution.

News & Analysis

Exceptional Female In-House Counsel interview series: Catherine Kardinal, General Counsel, Siemens

12 June 2017 by Asia law

This month, we speak with Catherine Kardinal, general counsel for Siemens in Hong Kong, about the importance of finding a company culture that fits one’s lifestyle, the challenge of getting support from management on legal advice as an in-house counsel and how being a company lawyer can be similar to being a psychologist.