share transfer Archives - Bridge IP Law Commentary

A Case Showing the Legal Effectiveness of Property Transfer Signed on the Behalf of a Spouse

Posted on April 2, 2013 by yytbest

Case Summary:

(By Zhang Fan) A and B are married. After being married, the couple established a real estate company through joint investment, by which A holds eighty percent of the shares and the owns the remaining twenty percent. C and D wish to purchase all of the company’s shares, to which both A and B agree. Additionally, both participate in the preliminary negotiation with C. Afterwards, however, negotiation was only carried out between A and C, and A signed on behalf of B on the concluded Share Transfer Contract, Shareholders Decision, and the documents prepared for the change of administration. As provided in the Share Transfer Contract, A’s eighty percent share option would be transferred to C, and B’s twenty percent share option would be transferred to D. B did not sign her name on the contract. After the payment by C to A for the share transfer, both parties went to the Administration for Industry and Commerce to register the change. Now the share holding of the company is eighty percent for C and twenty for B (B never took care of the registration transferring ownership to D).

China’s Latest Laws and Regulations in February 2013

Posted on March 5, 2013 by yytbest

I. The China Securities Regulatory Commission Issued the Business Rules for the Small and Medium Sized Enterprise Share Transfer System and their Detailed Rules.

In January 2013, the National SME Share Transfer System Co., Ltd. (“NSSTS Co.”) was officially established. On February 2, 2013, the China Security Regulation Commission (“CSRC”) issued the Interim Measures for the Administration of the SME Share Transfer System Co., Ltd. (“Interim Measures”). Accordingly, these regulations have defined the legal status of the National SME Share Transfer System (“NSSTS”), the NSSTS Co., and companies with stock listed on the NSSTS, as well as the responsibilities of NSSTS Co. Additionally, the aim of the Interim Measures is to establish the basic administrative framework of the NSSTS to highlight the self-regulatory nature of the NSSTS Co. Furthermore, the Interim Measures mandate the CSRC to implement uniform supervision and administration.

MCC Released the New Foreign Investment Industry Guide Catalog of 2012 Version

Posted on January 10, 2012 by You Yunting

The Ministry of Commerce of China (the “MCC”) has recently revised the Foreign Investment Industry Guidance Catalog (the “Catalog”) recently, which will come into effect on 30^th, January, 2012.

The Catalog is the important industry policy on guiding the foreign investment, and before this modification, it has been modified forth in 1997, 2001, 2002, 2004 and 2007 since the promulgation in 1995. And this post is the conclusion on the newly revised Catalog by Bridge IP Law Commentary.