China - Baker McKenzie FenXun Launches Guide To Key Legal And Regulatory Issues For Doing Business In Greater Bay Area.

Legal News & Analysis - Asia Pacific - China - Regulatory & Compliance - Banking & Finance

4 June 2021
 

The Baker McKenzie FenXun (FTZ) Joint Operation has released "Guide to Legal Practice and Regulatory Compliance in Guangdong-Hong Kong-Macao Greater Bay Area (GBA) (2021)".
 

The Guide focuses on key issues pertaining to doing business in the GBA, including: cross-border investment and mergers and acquisitions, banking and finance, financial services, regulatory compliance, real estate, taxation, and intellectual property, among other topics. The Guide is available only in the Chinese language and contains information on the relevant GBA legislations and policies that regulate domestic and cross-border investments and business activities in the GBA. More than a dozen partners and lawyers from the Joint Operation discuss industry market practice and provide insights based on in-depth analysis of relevant cases in various areas.
 

"The GBA is rapidly taking shape as the regional economic powerhouse of China, offering boundless opportunities to local and international business," said Shih Yann Loo, Baker McKenzie's Global Executive Committee member and Lead of the Firm's GBA Initiative. "As a Firm that has been a business partner to our clients for their China investments for more than 40 years, we are committed not only to helping them connect to business opportunities but also support China's national policy in advancing its economy. We believe this Guide will be a useful resource for businesses in navigating China's complex legal and regulatory environment as they look to seize new opportunities in this new region."
 

Yingzhe Wang, managing partner of FenXun Partners, added: "China's regulatory landscape is constantly evolving. Leveraging our Joint Operation and also FenXun's office in Shenzhen, we are ready to assist our clients tackle the multifaceted issues in relation to the GBA and offer them seamless China and international law advice."
 

The Guide sets out to address some of the key issues that businesses frequently ask about when operating in the GBA, including:
 

  • How are private equity investment funds in the GBA planned and structured to maximize tax benefits?

  • What are some practical tips when conducting cross border transfer of financial assets in the GBA?

  • How to deal with various issues in relation to cross-border investments under the Wealth Management Connect Scheme, ranging from sales and promotion of financial products, investor information protection, to complying with anti-money laundering laws and regulations?

  • What are the main issues investors need to consider when choosing the QFLP investment channel?

  • What are some of the practical considerations when invoking the weighted voting rights (WVR) regime?

  • What is the regulatory framework around carbon emission trading and green financing?

  • What are the must-know compliance risks for GBA companies?
     

Below is the list of titles available in the Guide:
 

Real Estate
 

Contributors: Rico Chan
 

  • An exception regarding system integration among Guangdong-Hong Kong-Macao Greater Bay Area: differences in development trend of property management companies' regulation system between China mainland and Hong Kong

 

Compliance and Investigation
 

Contributors: Vivian Wu, Nancy Li and John McKenzie
 

  • GBA in the spotlight: going global, compliance goes first

  • An Overview of the United States Commerce Department’s Entity List

 

Financial Services
 

 Contributors: Kevin Yuan, Lucca Li and Jocelyn Chen
 

  • Developments of the Financial Industry in the GBA Rely on the Two-wheel Drive of Technology and Compliance

  • Opportunities and Challenges: the Cross-border Wealth Management Connect

  • Development and Practice of QFLP Pilot Policies in the GBA

 

Foreign Investment and M&A
 

 Contributors: Jeff Xu and Xi Chen
 

  • A Brief Introduction of the Weighted Voting Rights Regime in Shenzhen

     

Banking and Finance
 

 Contributors: Simon Leung, Grace Li, Shirley Wang, Grace Chen, Samuel He, Bingyuan Li and Zhenyang Chen
 

  • The New Financial Policy of the GBA brings new opportunities for Hong Kong and Macao financial institutions to develop business in the Mainland

  • A Brief Introduction to the Carbon Emission Trading Framework and Opening Up of the Carbon Emission Trading Market in the GBA

  • Practical Analysis on the Cross-border Transfer of Financial Assets in the GBA —— Taking the Transfer Mode Involving QEX as Example

  • An Overview of the New Policies and Market Practice on Green Finance in the GBA

 

Taxation
 

Contributors: Jason Wen and Hardy Zhou
 

  • Chinese Tax Considerations of Establishing and Operating Private Equity Investment Funds in GBA
     

Intellectual Property
 

Contributors: Andrew Sim and Wendy Wu
 

  • IP Protection and Challenges in the GBA
     

Baker McKenzie

 

For further information, please contact:

 

Jamie Kar, Senior Communication Manager, Baker & McKenzie

[email protected]