Cross-Border Trade & Investment – The New SAFE Update

SAFE (The State Administration of Foreign Exchange) issued a Circular on Further Promoting Cross-border Trade and Investment Facilitation (“Circular No. 28”) last October 2019, which introduced 12 measures to further facilitate cross-border trade and investment. Amongst them, there are 3 key reforms in recognition of foreign investment, foreign debt and sale of non-performing credit assets.

Foreign Investment

All foreign-invested businesses are accepted to make fairness investments within the mainland with its capital finances. formerly, only foreign-invested funding groups, whose business is equity funding (the “investment company”) were entitled to making fairness funding with its capital finances. other overseas-invested companies (the “Non-investment organisation”) were handiest allowed to invest with its earnings from its operation in China.

Pursuant to circular No. 28, a Non-funding organization is now allowed to make home fairness investment with its capital finances, provided that (i) the funding does not violate the present special administrative measures for foreign funding get entry to (negative list); (ii) the projects invested are actual and in compliance with regulation; and (iii) the investment is in conformity with the country wide macro-control guidelines.

With this reform, all overseas-invested companies, whether or not installed to conduct funding corporations, will be able to make home equity investment. As there are much less than three,000 investment corporations in China, accounting for less than 1% of all overseas-invested enterprises, an excellent variety of Non-investment companies will benefit from this reform.

Registration of Foreign Money Owed

considering that 2016, people’s financial institution of China (PBOC) and SAFE adopted the guidelines of full-coverage macro-prudent control of move-border financing, which permits any business enterprise in China to borrow foreign debt inside the restrict of twice of its internet property. for the reason that then, earlier approval from SAFE for such overseas debt were abolished and replaced by using publish submitting to the nearby department of SAFE.

Circular No. 28 in addition simplifies the secure filing technique from two elements:

>> A non-monetary company in Guangdong-Hong Kong-Macau extra Bay vicinity (“GBA”) or Hainan will not be required to do the secure filing each time while borrowing a foreign debt. companies in GBA and Hainan might also practice for a one-off SAFE filing.

>> Banks are authorized by using SAFE to behave the secure submitting in order that the borrower does not need now to visit the workplace of a nearby branch of secure.

SALE OF NON-acting credit score property

In 2017, secure legal its Shenzhen branch to set up a pilot program for cross-border switch of non-appearing loans. On 8 may 2018, the pilot software turned into more advantageous by using (i) putting off the expiration date of the program; (ii) changing the “pre-approval” of pass-border transfers with a “pre-filing” method; and (iii) allowing receipt of trading deposits from foreign investors via foreign debt money owed.

round No. 28 further upgraded the pilot software with the aid of: (i) increasing the geographical scope to cover GBA and Hainan; (ii) allowing banks to promote non-appearing credit score assets immediately to foreign traders, rather than via the asset management agencies; and (iii) expanding the scope of assets to non-performing alternate finance assets, further to loans. This reform will offer greater possibilities for foreigners to take part in China’s non-performing market.

Outlook

round No. 28 grants greater autonomy to banks and businesses and makes it greater convenient and efficient for honest establishments to carry out move-border enterprise activities.

In step with the press conference of secure, the regulatory authorities will, continuously promote the liberalization and facilitation of cross-border exchange and funding, and progressively improve the opening-up regarding capital money owed. it is going to be anticipated that further guidelines can be released in the near destiny, which include for instance (i) enhancing the pilot program on forex agreement and income businesses of securities businesses so that greater individuals might also take part in the foreign exchange market; (ii) assisting the improvement of buying and selling guidelines on “Sci-Tech Innovation Board” and improving the move-border fund control of depository receipts under the “Shanghai-London Interconnection”; and (iii) standardizing the management of bond issuance on the mainland by means of foreign establishments. we are able to maintain a close eye on it.

Share with friends:

China Trademark Registration | Frequently Asked Questions- Part 2

Most of the cases it is noticed that foreign businesses pay less interest to registering their trademark in China. But it is very crucial not to forget that China does not provide protection for unregistered trademark under common law in recent days. The price of China trademark registration is colossal and the foreign firms having enterprise interest over right here simply can’t forget about the need for registering trademark in China.

After the previous article on tricky Q-A on China Trademark Registration, we are going to discuss some of the frequently asked questions on the mentioned topic over here.

Frequently Asked Questions on China Trademark Registration:

Is there a time frame for the trademark registration approval? 

The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

If someone registers a trademark in China, will he/she gets protection in other territories?

No. A registered mark is protected only in Mainland China.

Is it necessary to sign a Power of Attorney?

Yes.

Are there any benefits from a pre-filing use of the trademark?

The benefits from a pre-filing use are minimal since rights are obtained via registration. However, the applicant can use this to demonstrate the mark’s distinctiveness and overcome opposition on the ground of non-distinctiveness.

Can an unused trademark registration harms latter?

Yes. A registered mark can be attacked on the ground of non-use.

What are the types of trademark that can be registered in China?

>> Words

>> Names

>> Devices

>> Certain 3-dimensional shapes

>> Slogans

>> Colours

>> Sounds

>> Get-up or trade dress

>> Combination of all of the above elements

>> Collective marks

>> Service marks

>> Certification marks

>> Well-known marks

What are the phases of application after a trademark has been filed in China?

There phases are there: 

Examination, Publication, Registration

What type of trademark is not registrable?

The following marks are prohibited from registration:

>> Marks that are against the moral standards or public order of China

>> Generic words or terms

>> Symbol, flag, or name of a state, nation, region, or an international organization

>> Marks that lack distinctive qualities

>> Marks that are used primarily to indicate a geographical location name

>> Marks that may mislead consumers

Does China use the “Nice Classification” system?

Yes. China uses the system of Nice Classification.

Does the Community Trademark apply for China?

No. Community Trademark does not apply for China.

Is it possible to cancel a registration?

Yes. The following are grounds for cancellation:

>> Descriptive mark

>> Misleading and/or deceptive mark

>> Lack of distinctiveness

>> Generic mark

>> Mark is a geographical indication

>> Functional mark

>> Violation of public policy or principles of morality

>> Unauthorized marks by competent authorities pursuant to Article 6ter of the Paris Convention

>> Inclusion of a badge or emblem of particular public interest

>> Using of the mark in a misleading manner

>> Prohibited marks in this jurisdiction

>> Application was made in bad faith

>> Registrant’s breach of a technical provision of the law

>> Fraudulent registration

>> Use Requirements under Section V.G. are not met

Share with friends: