Haworth & Lexon Law Newsletter (29)

Haworth & Lexon Law Newsletter
No.2 2004(Total:No.29)March.20th, 2004
Edited by Haworth & Lexon

“Haworth & Lexon Law Newsletter” is issued every month, mainly introducing the legal change in the fields of Corporate, Securities, Foreign investment, Intellectual property rights, International trade etc. with necessary comment. All the comments do not mean the legal opinion of our firm and the firm does not have any legal liability for such comment. Should you have any interest in any topics or any questions please feel free to contact the firm. You will be expected to have satisfactory response from the professional attorney of our firm.

Guidelines

★ Latest News about Haworth & Lexon:
1 Haworth & Lexon nominated Best Real Estate Law Firm in the 2004 China Law Awards
1 Controlling domestic company through offshore Acquisition of its shareholder company gains fully success. Haworth represents the case.
1 Haworth carries out nation-wide copyright protection for famous Taiwan carnoonist Jimmy.
★ State Council promulgates Regulations on the Administratio of Foundation.
★ Latest Laws and Regulations:
1 The General Bureau of State Taxation set up favorable policy towards the Educational Taxation.
1 New Regulations promulgated on the Foreign invested advertising enterprise.
1 Defect Automobile should be recalled back to by Manufac-
-turer.
1 Temporary Regualation for the Establishing of Foreign invested Convention and Exhibition Corporations has been promulgated.


Haworth & Lexon nominated Best Real Estate Law Firm in the 2004 China Law Awards

  The Awarding Ceremony for the 2004 China Law Awards was held in the Diamond-Hall of Westing Pacific Hotel on Feb 27,2004. Asian Legal Business, a famous Hong Kong Legal Journal, held the Award toward domestic Law Firm. We were nominated Best Real-Estate Law Firm, relying on our rich experience and excellent legal service on Real-Estate project.


Controlling domestic company through offshore Acquisition of its shareholder company gains fully success.Haworth represents the case.

  We provide the whole process for indirectly purchasing a Nanjing steel company by a famous Shanghai company.

  The local company merged the BVI Company, the main shareholder of the Nanjing steel company, through its subsidiary company in Hong Kong. The local company could control the steel company after the acquisition. The whole process of this case took place in abroad, and finally the local company realized its purpose of becoming the controller. The scheme of packaging purchase designed by our firm gained Millions of profits for our clients.


Haworth carries out nation-wide copyright protection for famous Taiwan cartoonist Jimmy

  The famous Taiwan cartoonist Jimmy authorized our firm for the nation-wide copyright protection matters. Jimmy is famous for his comic books of Secrets in Forest, Subway, Go Left & Go Right, Bugua's World and etc. All these works are quite popular.

  The nation-wide copyright protection action, which is taken by our firm, involves dozens of litigations. In the initial stage of this action, we have already gained more than 100,000 compensation fees. Others litigation are still going on.Related Medium would report the action later on.


State Council promulgates Regulations on the Administration of Foundation

  Regulation on the Administration of Foundation was promulgated on 8 Mar 2004 by State Council, and would become enforceable on 1 June this year. The Regulation has made detailed rules on the public welfare nature, registration capital and the usage of the Foundation.


The General Bureau of State Taxation set up favorable policy towards the Educational Taxation

  According the Notice on Educational Taxation promulgated by the General Bureau of State Taxation on 5 Feb 2004, the following business would enjoy free business tax:

  Income from providing educational service by academic schools; part-time income of the students; technique developing, transference and related consulting service provided by schools.


New Regulations promulgated on the Foreign invested advertising enterprise

  Regulation on the Government of Foreign Invested Advertising Enterprise was promulgated on 2 Mar 2004.

  The new regulation makes no limitation the registration capital and the number of clients for the establishment of subsidiaries. Foreign Invested Advertising Enterprise could be the chief shareholder according to the new regulation


Manufacturer should recall back to defect Automobile

  Regulation on the Recall-Back of Defect Automobile was promulgated on 15 Mar 2004.

  According to the regulation, automobiles with certain defects should be recall back by manufacturers, and customers could also accuse to the information system set up by the governing department.


Temporary Regulation for the Establishing of Foreign invested Convention and Exhibition Corporations has been promulgated

  Ministry of Commerce promulgated Temporary Regulation for the Establishing of Foreign invested Convention and Exhibition Corporations on 13 Jan 2004.

  According to the Regulation, Foreign investors could establish convention and Exhibition Corporation through WOFE. The ministry of commerce and the department authorized by it would be the approval and governing department. The approved investor could operate in following business areas: 1.holding for various economic or technical convention and Exhibition; 2.holding conventions aboard.