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Category: Legal and Regulatory Updates

China Issues Implementation Measures for the Administration of Company Registration

On December 20, 2024, the State Administration for Market Regulation (SAMR) issued the Implementation Measures for the Administration of Company Registration (“SAMR Order No. 95”), effective February 10, 2025. As a departmental regulation issued under the State Council’s authority, SAMR Order No. 95 standardizes how local registration authorities administer company registration, ensuring compliance with China’s broader corporate governance reforms.

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Navigating the New Anti-Money Laundering Landscape: A Compliance Guide to China’s 2024 Anti-Money Laundering Law for Foreign-Invested and Outbound Enterprises

The 2024 revision of China’s Anti-Money Laundering (AML) Law brings significant updates to combat financial crimes. Effective January 1, 2025, the law introduces a risk-based approach, expands predicate offenses, and strengthens compliance obligations for financial institutions. Foreign-invested and outbound enterprises must adopt robust AML practices, including thorough due diligence and transparent financial transactions. Advanced technologies like AI and blockchain are encouraged for AML monitoring, reflecting the law’s focus on evolving risks. The revision also emphasizes international cooperation, aligning China’s efforts with global AML standards and reinforcing compliance for enterprises with cross-border operations.

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Hong Kong

Hong Kong Unveils New Cybersecurity Bill

Hong Kong has introduced the Protection of Critical Infrastructures (Computer Systems) Bill (“PCI Bill”), aiming to safeguard critical infrastructure sectors like banking, healthcare, telecommunications, and transport from cyber threats. The bill imposes obligations on operators, including establishing specialist cybersecurity units, adopting preventive measures, and promptly reporting incidents. A Commissioner’s Office will oversee compliance and assist during emergencies. By aligning with international standards, the PCI Bill enhances Hong Kong’s cybersecurity framework, ensuring operational continuity in critical sectors. Businesses should prepare to meet the bill’s requirements and strengthen their cybersecurity protocols.

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China High Resolution Invest Concept

New Implementing Measures for Company Registration in China

The State Administration for Market Regulation issued Order No. 95, introducing new Implementing Measures for the Administration of Company Registration in China, effective February 10, 2025. These regulations aim to enhance transparency, compliance, and efficiency in company registration, affecting both domestic and foreign enterprises. Key highlights include stricter oversight of capital contributions, mandatory registration liaison officers, and detailed requirements for intermediaries. Companies must also align their business scope with capital requirements and adhere to market access policies. CW provides expert guidance to ensure compliance with these measures and streamline the registration process in China.

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China Further Relaxes Visa-free Transit Policy

China has expanded its visa-free transit policy, effective 17 December 2024, to allow eligible foreign nationals to stay up to 10 days (240 hours), up from the previous 72-144 hours. The policy also increases the number of visa-free entry ports from 39 to 60, with new additions in Anhui, Guizhou, Hainan, Jiangxi, and Shanxi provinces. Nationals from 54 countries, including the US, UK, and Brazil, qualify for this policy. Additionally, China’s unilateral visa exemption program now offers extended stays of up to 30 days and includes academic and cultural exchanges as valid travel purposes.

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Hong Kong Set to Revise Copyright Ordinance

Hong Kong’s Intellectual Property Department has concluded a two-month public consultation on copyright concerns related to AI advancements. The consultation focused on protecting AI-generated works, addressing copyright infringement liability, and introducing a potential text and data mining exception. The existing Copyright Ordinance can protect AI-generated works, treating them as “computer-generated” creations. The proposed changes aim to balance AI development promotion with copyright protection.

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China’s New Beneficial Owner Disclosure Rules: Key Insights for Businesses

Effective November 1, 2024, the Administrative Measures on Beneficial Owner Information mandate that companies, partnerships, and foreign company branches in China disclose beneficial ownership details to enhance market transparency and combat money laundering. Issued by the People’s Bank of China (PBC) and State Administration for Market Regulation (SAMR), the Measures align China with global standards set by the G20 and FATF. Non-compliance may lead to fines up to 50,000 yuan. The disclosed information remains confidential and accessible only to authorized government and AML institutions, emphasizing the need for proactive compliance.

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China Promulgated the Negative List 2024 for Foreign Investment Access at National Level

On November 1, 2024, China enacted the “Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition),” repealing the previous list published at the end of 2021. Compared with the 2021 edition, the 2024 national Negative List for Foreign Investment Access has removed the last two remaining restrictions in the manufacturing sector. The number of restricted items on the national Negative List has been reduced from 31 to 29.

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Implementation of the Registered Capital Management System under the Company Law of China

China has recently updated its regulatory framework with the State Council’s Provisions on the Implementation of the Registered Capital Management System under the Company Law (Decree No. 784), which took effect on July 1, 2024. These provisions are designed to enhance transparency, regulate shareholder commitments, ensure the safety of market transactions, and improve the overall business environment.

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The New Era of Customs Duties: A Comprehensive Analysis of the Law of the People’s Republic of China on Customs Duties (2024) and its Comparison with the 2017 Regulations

On April 26, 2024, the Standing Committee of the National People’s Congress promulgated the Law of the People’s Republic of China on Customs Duties under Presidential Decree No. 23. This new law, effective from December 1, 2024, marks a significant overhaul of China’s customs duty framework, replacing the 2017 Regulations on Import and Export Duties. The new law aims to standardize customs duty collection and payment, promote foreign trade, and support high-quality development. It introduces a comprehensive framework, including duty items, rates, calculation methods, and tax incentives. The law also emphasizes compliance and enhanced roles for customs authorities, aiming for clarity and consistency in duty application, thus impacting international trade and customs administration in China.

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