Regulatory Matters

CHINESE UPDATE – Foreign Investment in China has entered into the Fast Track – Interpretation of the New Implementing Regulations of the Foreign Investment Law of the People’s Republic of China (“PRC”)

On December 31, 2019, the Implementing Regulations of the Foreign Investment Law of the People’s Republic of China (the “Regulation”), an important administrative regulation facilitating the implementation of the Foreign Investment Law of the People’s Republic of China (“Foreign Investment Law”), was officially published. It came into force on January 1, 2020, together with the … Continued

Editors' Note: This article was authored by Mr. Zheng Yu, a partner at JunHe. Mr. Zheng has broad experience advising multinational companies on their business and investment projects in China, including complex foreign direct investments, cross-border M&A, dispute resolution (arbitration and litigation), corporate compliance, employment issues and tourism real estate projects in China.  Liao Yueyue (Counsel), Yu Daxing (Associate), Jia Lu (Associate) and Wang Xiao (Associate) also contributed to the article.

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SINGAPOREAN UPDATE – Key Trends for 2020

*This article was originally distributed on January 23, 2020 Dear Clients and Friends, 新年快乐! We wish you a healthy, happy and prosperous year ahead! We ring in 2020 on a more positive note than where we started 2019. In the past year, a slowdown in manufacturing has weighed on economic growth both globally and in … Continued

Editors’ Note: This article was authored by Jerry Koh (Joint Managing Partner) at Allen & Gledhill LLP.

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CANADIAN UPDATE – Canadian Foreign Investment Review Annual Report Confirms Shift in Emphasis Toward National Security Concerns

The official Annual Report under the Investment Canada Act (ICA) for the fiscal year 2018-19 was released at the end of 2019. This document sets out various statistics and other noteworthy developments during that time frame (i.e., April 1, 2018 to March 31, 2019) relating to the two review processes under the ICA: the “net … Continued

Editors’ Note: This article was co-authored by Mark C. Katz, Charles Tingley and Anita Banicevic, partners at Davies Ward Phillips & Vineberg LLP.

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DUTCH UPDATE: Dutch Supreme Court Orders Government to Achieve 25% Reduction in Greenhouse Gas Emissions

On December 20, 2019 the highest court of the Netherlands upheld an earlier decision by a lower court that insufficient action to address climate change posed a “risk of irreversible changes to the worldwide ecosystems and liveability of our planet” and a “serious risk that the current generation of citizens will be confronted with loss … Continued

Editors’ Note: This article was co-authored by Leo Groothuis and Freerk Vermeulen, partners at NautaDutilh.

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DUTCH UPDATE: Legal entities in the Netherlands must register UBO from March 2020

Legal entities in the Netherlands must register UBO from March 2020 The much anticipated UBO register is expected to become operational in March 2020. The UBO register will be kept by the Netherlands Chamber of Commerce and will be separate from the Dutch Trade Register. All legal entities registered in the Netherlands, including foundations, must … Continued

This article was authored by Birgit Snijder-Kuipers, Senior Associate at De Brauw Blackstone Westbroek.

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CHINESE UPDATE – Cross-Border M&A and Protectionism – A Review of Laws and Practice in China

Cross-Border M&A and Protectionism – A Review of Laws and Practice in China Daniel He, JunHe LLP 1. The New PRC Foreign Investment Law On March 15, 2019, the National People’s Congress of the People’s Republic of China (“PRC” or “China”) approved the PRC Foreign Investment Law (“FIL”) which will be implemented on January 1, … Continued

This article was authored by Mr. Daniel He, a partner at JunHe.  Mr. He has broad experience advising multinational companies in merger and acquisition projects, joint venture transactions, and strategic investment projects in various industries such as food & nutrition, auto parts, logistics, real property, and retail & distribution. Mr. He also serves as China counsel to a number of leading companies and non-government organizations in their general corporate and regulatory compliance matters throughout China.

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PERUVIAN UPDATE – New Peruvian Merger Control Legislation

The Peruvian Government has enacted a new mandatory and suspensory clearance regime, which will come into force next year. Previously, Peruvian legislation only imposed mandatory pre-notification and clearance requirements for vertical or horizontal concentrations occurring in the fields of electricity generation, transmission or distribution.[1] Summary Breakdown Scope. The new merger control regime will apply to … Continued

Editors’ Note:  This article was authored by Carlos A. Patrón and David Kuroiwa H. of Payet Rey Cauvi Pérez Abogados, one of Peru’s leading firms with significant experience in foreign investment in Peru. 

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AUSTRIA UPDATE – Implementation of Shareholders’ Rights Directive: Action Points for Boards of Austrian Listed Companies

Amendment laws implementing the Shareholders’ Rights Directive: Action Points for Boards of Austrian listed companies On 23 July 2019, amendments of the Stock Corporation Act and Stock Exchange Act implementing the Shareholder Rights Directive II (2017/828) entered into force. Directive 2017/628/EU to encourage long-term shareholder engagement was implemented with the aim to minimize the administrative … Continued

Editor’s Note: Christian Herbst advises clients on corporate M&A, takeovers, arbitration, corporate finance and on a wide variety of other domestic and cross-border transactions. 

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GLOBAL UPDATE – Cross-Border M&A Guide

Cross-Border M&A Guide Wachtell, Lipton, Rosen & Katz recently published the inaugural edition of their Cross-Border M&A Guide, which is available here. This new Cross-Border M&A Guide covers the key U.S. legal considerations not only for acquisitions of U.S. companies by non-U.S. companies (or “inbound” M&A transactions), but also for acquisitions of non-U.S. companies, including … Continued

Editor's Note: This submission was contributed by Adam O. Emmerich, Robin Panovka, Raaj S. Narayan and Matthew T. Carpenter.

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DUTCH UPDATE – Bill implementing the Shareholders’ Rights Directive: what it means for Dutch listed companies

Bill implementing the Shareholders’ Rights Directive: what it means for Dutch listed companies On 2 April 2019, the bill implementing the revised Shareholder Rights Directive was adopted by the Lower House of Parliament. The bill was amended to take into account a number of modifications to the initial draft. The implementation of Directive 2017/628/EU to … Continued

Editor’s Note: Leo Groothuis advises clients on public M&A and on a wide variety of other domestic and cross-border transactions, as well as take-over defenses and shareholder activism. Geert Raaijmakers specializes in corporate governance, corporate structuring and joint ventures and on pension fund governance.  Paul van der Bijl specializes in IPOs, follow-on offerings, public M&A, anti-takeover defenses, corporate governance and complex cross-border transactions. Maarten Buma specializes in corporate law.

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