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Zhong Lun opens Hong Kong office
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lients can now find a brand new Zhong Lun office in Hutchison House in Hong Kong's Central district, the same building that King & Wood and Baker & McKenzie have as their Hong Kong address. Three years after King & Wood and Jun He opened their Hong Kong offices, Zhong Lun, Zhang Xuebing another top-tier player in the mainland, has Zhong Lun finally planted its flag in Hong Kong. The new Hong Kong office is the firm's seventh location, and operates in association with local Hong Kong firm Roger Ho & Co. "We started planning to open an office in Hong Kong two years ago. We took the time to search for the most fitting associate Hong Kong firm, because it is a determining factor to our Hong Kong office's success and ability to offer quality services," said Zhang Xuebing, Zhong Lun's managing partner who also serves as the president of the Beijing Lawyers Association. Roger Ho & Co is a relatively new member in the market, but its founder and managing partner Roger Ho is a veteran corporate finance and capital markets lawyer who previously practised at Jones Day and White & Case, and has served as legal counsel in China International Capital Corporation in Hong Kong. Ho will oversee Zhong Lun's new Hong Kong operation, where six lawyers are currently stationed. Among them is partner Jiang Xiansheng, a foreign lawyer registered with the Law Society of Hong Kong. Zhang notes that Zhong Lun will follow in the footsteps of King & Wood and Jun He by merging with its Hong Kong association firm after the required three-year period to offer clients dual law capability (Hong Kong/PRC law). "The trend is obvious that mainland companies are coming to Hong Kong to raise capital or to set up a base for overseas expansion on an even greater scale. The needs for a firm to be able to offer both PRC and Hong Kong legal advice are enormous and far from being covered. I expect more PRC firms will follow suit to service this emerging segment," said Zhang. He is confident that by riding this trend the Hong Kong office will be one of Zhong Lun's fastest growing branches. ALB
中伦设立香港分所
中
伦在香港中环和记大厦设立全新分所，为客户提供服务，金杜及麦坚 时律师事务所香港分所亦位于该大厦内。 金杜及君合在香港成立分所三年后，中伦作为中国大陆的一流律所，终于 进驻香港市场。新办事处是中伦的第七处分支机构，与香港本地的何嘉杰律 师事务所联营。张学兵现任中伦主管合伙人，同时兼任北京律师协会会长， 他表示：“我们两年前便开始计划在香港成立分所。我们投入大量时间寻找最 合适的香港本地合作律所，因为这是中伦香港分所业务能否成功及能否提供 高水准服务的决定因素。” 何嘉杰律师事务所在香港市场的业务历史相对较短，但该律所创始人兼主 管合伙人何嘉杰律师在企业金融和资本市场领域经验丰富，曾在众达和伟凯 律师事务所执业，还曾担任中国国际金融有限公司香港业务法律顾问。何嘉 杰将负责中伦香港业务的经营，该办事处目前已拥有六位律师。合伙人江宪 胜亦将在香港分所执业，江宪胜是在香港律师会注册的外国律师。张学兵指 出，中伦将效仿金杜和君合的业务模式，与香港本地律师事务所联营满三年 后进行合并，从而获得提供两地法律服务（香港／中国法律）的资格。
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Beijing Rules on establishing partnerships by foreign enterprises or individuals
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n 25 November 2009 the Administrative Rules on establishing partnerships by foreign enterprises or individuals within China’s territory (“Partnerships Rules”) were promulgated by the State Council of the PRC. Coming into effect on 1 March 2010, the main content of the Partnerships Rules are as follows:
1. Forms of partnerships established by foreign enterprises or individuals
According to the Partnerships Rules there are three forms of partnerships established by foreign enterprises or individuals: I. Two or more foreign enterprises or individuals establish partnerships in China and the partners are all foreign ones; II. Foreign enterprises or individuals and domestic enterprises or individuals or other entities jointly establish partnerships in China; and III. Foreign enterprises or individuals become the partner of a partnership solely established by domestic enterprises or individuals or other entities, through joining in or acquiring the property share of the partnership.
2. Procedure
Compared to the procedure of establishing partnerships solely invested by domestic enterprises or individuals, an additional statement of compliance with foreign investment policy of the PRC shall be submitted to establish partnerships by foreign enterprises or individuals. However, the prior approval for foreign investment by the PRC government authority in charge is not needed, so as to make it easier and more efficient to establish partnerships by foreign enterprises or individuals. This is different from establishing a Sino-foreign joint venture or wholly foreign-owned enterprise, in accordance with the law on Chinese Foreign Equity Joint Venture, the law on Chinese Foreign Contractual Joint Venture and the law on Foreign Capital Enterprise.
3. Special provision on partnerships with investment as its principal business
There is a lack of understanding and practical experience on risks of partnerships with investment as its principal business (such as PE or VC) and whether stricter supervising measures shall be adopted. The Partnerships Rules provides that (otherwise provided by the government authorities), such provisions shall prevail as written for the operation of partnerships established by foreign enterprises or individuals with investment as its principal business.
4. Relationship with existing law on partnerships
The Partnerships Rules is the supplementary and special regulation on partnerships in China. Those partnerships established by foreign enterprises or individuals shall also comply with other laws and regulations, such as the Law on Partnerships of the PRC and Registration and Administration Rules of Partnerships.
Su Bo
SU Bo Email: subo@guantao.com HU Shenglin Email:husl@guantao.com Tel: 8610 6657 8066 Fax: 8610 6657 8016
Hu Shenglin
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