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With more than 13 years' experience as a corporate lawyer in China, the UK and Australia, Geraldine Johns-Putra specialises in China-related corporate transactions. Skilled in China cross-border merger and acquisitions and private equity deals, she has advised on foreign investments in the financial and industrial sectors in China. Her expertise spans numerous industry groups including automotive, corporate, energy and resources, financial services, pharmaceutical and bioscience, private equity, technology, media and telecommunications. Geraldine has also dealt widely in intellectual property matters in China. She can advise on intellectual property aspects of corporate transactions such as technology transfers, licensing and due diligence. Prior to joining Minter Ellison in Hong Kong in 2010, Geraldine was a senior associate with a UK "Magic Circle" law firm in Shanghai and London, and earlier with a leading Australian law firm in Sydney and Melbourne.
On 22 February 2012, there was a further key development in the proposed amendments to the Personal Data (Privacy) Ordinance when the Bills Committee for the Personal Data (Privacy) (Amendment) Bill 2011 published a paper revising proposed amendments to provisions on the use of personal data in direct marketing and the sale of personal data.
On 14 February 2012, the China Security Regulatory Commission issued a Decision on Amending Articles 62 and 63 of the Administrative Measures on the Takeover of Listed Companies (《中国证券监督管理委员会关于修改〈上市公司收购管理办法〉第六十二条及第六十三条的决定》). The Decision will come into effect on 15 March 2012 and amends provisions relating to the waiver of general offer requirements under the takeover measures. Read our Alert, which summaries the major points of the Decision.
On 23 November 2011, China's National Development and Reform Commission (NDRC) issued a Notice on Promoting the Regulated Development of Equity Investment Enterprises (Formal Notice) to regulate administrative registrations, fund-raising activities and various operational aspects in relation to equity investment enterprises (EIEs).
The State Administration of Industry & Commerce of the People's Republic of China has published the Measures on the Administration of the Registration of Company Debt-for-Equity Swap. The Measures, which come into force on 1 January 2012 aim to help Chinese enterprises address capital contribution problems by facilitating debt restructuring and enhancing financing capacity.
China has finally opened the door to allow foreign investors to make use of their offshore RMB for investments into China. On 12 October 2011, the Ministry of Commerce promulgated the long-awaited Notice for Relevant Issues concerning Cross-border RMB Direct Investments (Notice), and on the following day, the People's Bank of China also promulgated the Administrative Measures of RMB Settlement Operations for Foreign Direct Investments (Measures). With the implementation of the two new regulations, foreign investors now have more choices to make use of their offshore RMB deposits.
On 1 November 2011, the State Council of the People's Republic of China's Decision on amending the Provisional Regulations of the People's Republic of China on Resource Tax (Decision) will take effect. The Decision increases taxes on the sales of certain resources and extends certain existing resources tax nationwide.
On 15 August 2011, the Ministry of Transport of the People's Republic of China issued the Notice on Strengthening the Approval Process for Wholly Foreign-Invested Shipping Companies. The purpose of this Notice is to relax some of the requirements under the Provisional Measures for Examination and Approval of Wholly Foreign Owned Shipping Companies which was promulgated on 28 January 2000.
On 25 August 2011, the Ministry of Commerce of the People's Republic of China (MOFCOM) published the Provisions of the Ministry of Commerce on Implementing the System of Security Review for Acquisitions of Domestic Enterprises by Foreign Investors (the Provisions), which came into force as of 1 September 2011.
China's National Development and Reform Commission (NDRC) has moved to regulate the private equity sector in that country. This reflects increased interest from Central government authorities in ensuring there is adequate regulatory control over this growing investment sector. Under the new rules, enterprises are being encouraged (and in some cases required) to file certain information. This represents a significant development for an industry that has not been accustomed to mandatory disclosure of financial and investment details.
Following the announcement by China's State Council of a new national security review system for foreign M&A acquisitions the Chinese Ministry of Commerce (MOFCOM) has issued supplementary implementing provisions.
Leading capital markets and M&A lawyers Barbara Mok, Anne Ko and Katherine U are joining the Corporate Practice of Minter Ellison's Hong Kong office as partners. They, together with recent arrivals Geraldine Johns-Putra and Anthony Chan, join Fred Kinmonth's existing team of senior, high profile lawyers as the firm continues to expand.