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China Legal Business 7.5

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NEWS | news >>

infringement remains to be one of the major concerns for western companies operating in China.”

Orrick’s global corporate head, Don Keller, said the appointment will help his firm focus on international PE transactions while retaining a focus on Asia.

希汇中国挖角安睿,聚焦新 领域

普衡中国私募投资主管加盟奥睿

Steve Yu卸任安睿律师事务所合伙 Steve Yu 人职务,加盟希汇中国,担任其上海 办事处合伙人兼知识产权主管。 Yu律师经验丰富,历年来为客户提供法律意见,主 要涉及跨境知识产权许可、研发中心的设立和运营、 知识产权组合管理、知识产权尽职审查及在民事和 刑事诉讼中行使知识产权权利。Yu律师表示:“目前, 知识产权问题在中国的每项企业交易,以及开展业 务的所有阶段中几乎随处可见,知识产权侵权仍是来 华经营的西方公司最主要的忧虑之一。”

Paul Hastings

Orrick

Paul Hastings loses China PE head to Orrick The head of Paul Hastings’ China PE practice Maurice Hoo has left the firm to become the co-head of global PE for Orrick in Hong Kong. Hoo will share the role with Orrick’s London partner Peter O’Driscoll. He is expected to bring his clients with him, among which are PE firm Warburg Maurice Hoo Pincus and AIG Investments.

普衡中国私募投资业务部主管Maurice Hoo离开东家, 转投奥睿香港办事处,担任全球私募投资联席主管。 Hoo律师将与奥睿的伦敦合伙人Peter O’Driscoll 联合担任该职务。预期他将为律所带来他的客户,其 中包括私募投资公司华平投资和AIG友邦投资。奥 睿全球企业主管Don Keller表示,该任命有助于其 律所专注于国际私募投资交易,同时专注于亚洲。

Paul Hastings

Troutman Sanders

Troutmans raids Paul Hastings to build securities practice Joe Sevack has joined the Hong Kong office of Troutman Sanders as a partner in its securities and corporate governance practice group. Sevack comes to the firm from Paul Hastings, where he was a partner for nearly four years; for six years prior to that he was a partner at Freshfields in Hong Kong. Sevack says that renewed investor confidence in high-yield debt should see a number of new deals come to market in the next few months.

长盛挖角普衡,发展证券业务

Joe Sevack加盟美国长盛香港办事处,担任证券及 企业管治业务团队合伙人。Sevack从普衡转投该律

所,他曾在普衡担任合伙人近四年(2006年至今); 此前六年,他是香港富而德的合伙人。 Sevack表示,未来几个月中,投资者在高收益债券 中的信心重塑,大量新交易将涌向市场。

Grandall

Grandall Beijing admits new partner Grandall Beijing office has promoted capital markets lawyer Feng Xiaoyi as partner. Feng has been practising law for more than eight years, and has been involved in many IPOs, power and infrastructure constructions, foreign investments, and CDM projects. Prior to joining Grandall Beijing, she worked as an in-house counsel at Peking University Founder Group.

国浩北京晋升资本市场律师为合伙人

国浩北京办事处晋升其资本市场律师冯小奕为合伙 人。冯律师已有超过八年的执业经验,并从事多项 首次公开招股、能源和基础设施建设、外来投资及 CDM项目。加入国浩北京之前,她在北京大学方正 集团担任公司法律顾问。

Clifford Chance

CCs promotes one to partnership Clifford Chance has elected Tim Wang to the partnership in Beijing. Wang is one of the five newly

Firm Profile

Zhonglun W&D

P

Law of the PRC on Foreign-invested Partnerships: A Significant Milestone for the Development of Foreign Investment Private Equity Funds in China

artnership is one of the most important organizational forms of private equity funds. Though Law of the PRC on Partnerships has been generally implemented, before March 1st 2010, there was no relevant law specifically regulating the foreign-funded partnerships, which made the establishment of foreigninvested private equity funds lack of legal basis in China. Recently, the Management Measures on Foreign Enterprises or Individuals Founding Partnership Enterprises in China (Decree No.567 of the State Council) and the Management Measures on Registration of Foreign-invested Partnership Enterprises (Document No.47 of SAIC) are promulgated by Chinese governments. These two laws, coming into effect on March 1st, 2010, provide important legal basis not only for the foreign companies or individuals who are keen to carry on domestic investment with the form

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of partnership, but also for the establishment of foreign-invested private equity funds in partnership within the PRC Mainland. According to the laws and regulations, a registration system, rather than a customary examination and approval system, shall be applied to fund a foreign-invested partnership enterprise. However, this kind of foundation still shall be in line with the foreign investment industrial policies of the PRC. While a foreign-funded partnership is established, tax revenue, foreign exchange, customs and other formalities shall be gone through. Foreign-funded partnerships include foreign-funded general partnership (including special general partnership) and foreign-funded limited partnership. The implementation of the Law of the PRC on Foreign-invested Partnerships and its relevant laws and regulations, propels foreign investment in private equity funds in partnership within China Mainland. On

March 3rd, 2010, “the Carlyle&Fosun Fund” in partnership, whose business license was issued by Shanghai Administration of Industry and Commerce (SHAIC), was established jointly by the Carlyle Group, a well-known international investment fund, and the Fosun Group, a famous domestic enterprise. In view of a great growth potential of China’s economy, many noted international private equity funds are considering setting up RMB denominated private equity funds in partnership directly in China. Contact Details: Dr. Wang Hao, Senior Partner 19/F Golden Tower, No.1, Xibahe South Road, Chaoyang District, Beijing, 100028, P.R.C Tel: 86-10-6440 2832 / 86-10-13801167481 Fax: 86-10-6440 2915 / 86-10-6440 2925 www.zhonglunwende.com

Dr. Wang Hao

ISSUE ISSUE 7.5 7.5


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