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Our experienced Asia legal team regularly publishes articles and updates - the full list of publications appears below. With our broad regional network, we keep you abreast of recent reforms, regulatory changes and trends across the Asia Pacific. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Scroll down to view our latest publications or, for more about our experience within Asia, please download a brochure:

Indonesia (42 KB pdf)
Greater China (60 KB pdf)
Japan (42 KB pdf)
Papua New Guinea (52 KB pdf)
Korea (74 KB pdf)
Singapore (57 KB pdf)
Vietnam (84 KB pdf)
Thailand, Siam Premier (68 KB pdf) 

See also Allens Arthur Robinson's Vietnam Laws website, featuring an online searchable database of English translations of over 3,000 Vietnamese laws and our monthly Vietnam Legal Update

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    04 February 2010
    Focus: Tax on sale of indirect interests in PRC companies by non-residents

    The PRC State Administration of Taxation has recently issued a circular stating that PRC non-residents may be liable to pay PRC tax when transferring offshore companies that directly or indirectly hold shares in PRC companies. Partner Campbell Davidson, Senior Associate Ross Keene and Consultant Wen Zhang report

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    01 February 2010
    Focus: China clarifies 'beneficial owner' under double taxation agreements to address 'treaty shopping'

    The PRC State Administration of Taxation recently released a circular clarifying when an offshore company will be considered the 'beneficial owner' of a PRC company for the purpose of obtaining relief under a double taxation agreement. Partner Campbell Davidson, Senior Associates Maggie Ma and Ross Keene, and Consultant Wen Zhang report

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    18 January 2010
    Focus: Changes to real estate laws and policies in China

    The General Office of the PRC State Council, the China Banking Regulatory Commission and the PRC Ministry of Land and Resources have recently introduced new policies aimed at controlling the price of residential properties in China.Partner Campbell Davidson, Senior Associates Maggie Ma and Ross Keene and Consultant Wen Zhang look at these changes.

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    13 January 2010
    Focus: Asia Finance - When a little bit of knowledge can be dangerous - the 'indoor management rule'

    The long-established common law 'indoor management rule' protects outsiders in their dealings with companies and allows them to assume that a company's internal management requirements have been complied with. A recent Hong Kong Court of Final Appeal decision has examined the circumstances in which a lender would be put on notice of possible internal procedural irregularities in the borrower's approval process, thereby limiting the lender's ability to rely on the indoor management rule. Partner Matthew Barnard and Senior Associate Justin Chin report

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    15 December 2009
    Focus: Foreigners permitted to establish partnerships in China

    China's State Council has released the Administrative Measures Governing the Establishment of Partnership Enterprises by Foreign Enterprises or Individuals in China, permitting foreign participation in Chinese partnerships. Partner Campbell Davidson, Senior Associate Wayne Wang and Consultant Crystal Zhang report

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    15 December 2009
    Focus: ASIC's unofficial policy on takeover schemes - should it be made official?

    On 11 December, ASIC issued an updated version of its Regulatory Guide 60 on schemes of arrangement, and a consultation paper asking whether it is appropriate for ASIC to maintain its unofficial policy of withholding its s411(17)(b) certificate of 'no objection' at the second court hearing in relation to a takeover type scheme where an objector wishes to argue 'avoidance' of the takeover provisions in Chapter 6 at the hearing. Partner Guy Alexander and Senior Associate Emin Altiparmak explain why that policy is inappropriate (a point we have been making since it was introduced in the early 2000s). They also briefly look at the guidance in updated RG 60 on reverse takeover schemes

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    02 December 2009
    Focus: Making PRC outbound investment easier

    The State Administration of Foreign Exchange of the People's Republic of China recently streamlined the administration of foreign exchange for overseas investment by PRC-incorporated entities. Partner Stuart Mengler and Senior Associate Frank Fan look at the key changes, their impact on offshore investment by PRC entities and the potential impact on foreign invested enterprises operating in the PRC

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    23 October 2009
    Focus: Removing REs - what the courts have been saying

    In recent months, several hostile attempts to remove responsible entities have come before the courts. As a result, there has been sharper focus on the statutory regime for changing responsible entities, with many of the relevant provisions of the Corporations Act 2001 (Cth) having now been tested. Partner Susan Burns and Senior Associate Penny Nikoloudis examine the effect of recent case law on the procedures for removing REs

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    20 October 2009
    Client Update: New qualified foreign institutional investors regulations

    The State Administration of Foreign Exchange of the People's Republic of China recently published the Provisions for Foreign Exchange Administration on Domestic Securities Investment by Qualified Foreign Institutional Investors, which replace the previous Interim Provisions. Partner Campbell Davidson and Senior Associate Troy Zhang look at the key changes

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    20 October 2009
    Focus: Release of guideline on retail pricing for 'basic drugs'

    The National Development and Reform Commission has released a guideline for setting the retail prices of 'basic drugs'. Partner Campbell Davidson, Senior Associate Frank Voon and Lawyer Michelle Ding look at the key features of the Guideline and its potential impact on the pharmaceutical industry in the People's Republic of China

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    01 October 2009
    Focus: Foreign ownership changes of Thai insurance companies

    A recent Office of the Council of State opinion dealing with foreign ownership requirements for insurance companies in Thailand will have an impact on most insurance companies in Thailand with foreign shareholders. Partners Marcus Clark, Marae Ciantar and Senior Associate Chatchavej Chitvarakorn report on requirements imposed on the shareholders of life and non-life insurance companies

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    22 September 2009
    Focus: New Indonesian electricity law

    The Parliament of the Republic of Indonesia recently passed a new electricity law that will replace the existing Law No.15 of 1985. Partners Widyawan and David Holme and Senior Associate Made Satwika review the new law's key elements

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    20 August 2009
    Focus: Asia Finance - Vietnamese companies may issue international bonds

    The Vietnamese Government has issued the long-awaited Decree 53/2009/ND-CP on Issuance of International Bonds , which will, for the first time, allow Vietnamese companies to issue foreign currency denominated bonds in the international market. Partner Thomas Miller and Lawyer Minh Duong report

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    09 July 2009
    Focus: Shanghai issues Opinion on PRC Labour Contract Law

    The Shanghai People's High Court has recently issued an Opinion on the implementation of the PRC Labour Contract Law, setting out how a number of the Law's provisions will be applied in Shanghai. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu report

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    03 July 2009
    Focus: SAIC rules on implementing the Anti-Monopoly Law

    The PRC's State Administration of Industry and Commerce recently released two procedural rules on implementing the Anti-Monopoly Law, which took effect from 1 July 2009. Partner Campbell Davidson, Senior Associate Wayne Wang and Lawyer Crystal Zhang report on their key provisions

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    18 June 2009
    Focus: Impact of proposed EU directive on Australian and Asian fund managers

    In the wake of the financial crisis, the European Union is moving towards tighter regulation of alternative investment funds, in particular hedge funds and private equity funds, through a proposed Directive on Alterative Investment Fund Managers. The proposed directive would have considerable extra-territorial reach and may result in additional regulatory burdens for managers of alternative investment funds based outside Europe. Partner Tim Manefield, Senior Associates Marc Kemp and Charlie Harrison, and Lawyer John Henderson report

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    15 June 2009
    Focus: Nationality planning and foreign investment risk management

    Special Counsel Gordon Smith, Partner Stephen McComish, Lawyer Sam Luttrell and Law Graduate Caroline Spencer report on the significance of 'nationality planning' in connection with bilateral investment treaties in order to maximise foreign investors' rights in Asia

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    04 June 2009
    Focus: Asia Finance - Governance of shadow directors in Hong Kong

    The Hong Kong Companies Ordinance imposes a number of liabilities and prohibitions on shadow directors. Banks need to be aware of what conduct, in a workout situation, could give rise to the accusation of being a shadow director of a distressed corporate borrower. Partner Matthew Barnard and Foreign Lawyer Caroline Chan report on some cases that clarify the issue

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    04 June 2009
    Client Update: Real estate law changes in China

    There have been a number of regulatory and policy changes recently introduced in the PRC real estate sector. Partners Nigel Papi and Tim Manefield and Senior Associates Maggie Ma and Campbell Izzard look at four of these changes and summarise how they may affect you

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    13 May 2009
    Client Update: PCCW privatisation blocked due to share splitting

    The Hong Kong Court of Appeal has recently handed down its reasons for overturning the judgment of the Court of First Instance and therefore blocking PCCW Ltd's HK$16 billion privatisation bid. Partner Campbell Davidson and Senior Associates Donald Fung and Angela Hui report.

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    06 May 2009
    Focus: Amending registered scheme constitutions

    A recent decision of the NSW Supreme Court provides important guidance on amending constitutions of registered managed investment schemes. Partner Matthew McLennan and Senior Associate Georgina Perry report

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    24 April 2009
    Focus: Amendments to Cayman Islands Exempted Limited Partnership Law

    The Cayman Islands Exempted Limited Partnership Law is being amended. Partner Tim Manefield and Senior Associate Charlie Harrison report on the implications

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    22 April 2009
    Client Update: REIT preparation developments in China

    Media releases indicate that China's first listed Real Estate Investment Trust may be sponsored by Shanghai Lujiazui Finance & Trade Zone Development Co. Ltd, a major real estate developer in Shanghai. Partners Nigel Papi and Tim Manefield and Senior Associate Troy Zhang report

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    07 April 2009
    Focus: Cambodia Legal Update

    We look at the legal regime for mergers, recent regulatory developments in the banking industry, key issues under the current mining regime and the National Social Security Fund scheme

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    03 April 2009
    Focus: Difficulties with Hong Kong property titles

    A recent court decision in Hong Kong has allowed a purchaser to avoid a purchase agreement relying on a relatively minor title defect. Partner Tim Manefield reports on the decision

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    01 April 2009
    Focus: Asia Finance - Vietnamese interest rate developments

    Consumer finance companies and banks in Vietnam have recently had some reason to rejoice, thanks to a joint effort by the State Bank of Vietnam and the Vietnamese Government to stimulate consumption, lending and investment activity. Partner Thomas Miller and Senior Associate David Hinchey report

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    25 March 2009
    Focus: PRC Ministry of Commerce rejects takeover as anti-competitive

    For the first time, the PRC Ministry of Commerce has rejected a proposed acquisition under the PRC's competition regulations. The proposed takeover by Coca-Cola of Hong Kong-listed China Huiyuan Juice Group Limited was rejected on the grounds that it would contravene the PRC Anti-Monopoly Law by adversely affecting competition in the PRC fruit juice beverage market. Partners Campbell Davidson and Carolyn Oddie outline the key features and ramifications of this announcement

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    20 March 2009
    Focus: MOC overhauls China Outbound Investment Measures

    The Ministry of Commerce of the People's Republic of China has released the Administration Measures on Outbound Investment. Partner Seamus Cornelius and Senior Associates Frank Fan and Wayne Wang report

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    18 March 2009
    Focus: Proposal to allow remote participation in futures markets

    The Hong Kong Securities and Futures Commission has proposed to amend the definition of 'dealing in futures contracts' in the Securities and Futures Ordinance in order to assist overseas market players to participate in regulated Hong Kong futures markets. Partner Matthew Barnard and Lawyer Angeline Wong report

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    18 March 2009
    Client Update: Singapore reviews its corporate regulatory environment

    Consistent with the Singapore Government's commitment to the evolution of a corporate regulatory framework responsive to market innovation and developments in other jurisdictions, the Ministry of Finance has convened a steering committee to review the Companies Act. Senior Associates, Ian Stewart and Krista Bowie, provide a brief overview of some of the key areas targeted for review and, possibly, amendment in the coming months

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    13 March 2009
    Focus: Asia Finance - M&A loans in China

    In order to help sustain China's economic growth through the global financial crisis, the China Banking Regulatory Commission has for the first time permitted commercial banks to extend loans financing mergers and acquisitions. Partner Seamus Cornelius, Senior Associate Troy Zhang and Consultant Wen Zhang report

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    06 March 2009
    Focus: Asia Finance - Singapore's new money lending law comes into effect

    Singapore's new money lending legislation will give greater certainty to corporates, offshore non-licensed lenders and funds. In the latest in our series of articles in the Focus: Asia Finance series, Partners Robert Clarke and Robert Fish and Lawyer Jonathan Teo report on the significance of the Moneylenders Act 2008, which this week came into effect

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    06 March 2009
    Client Update: China adopts changes to its insurance legislation

    The Standing Committee of the 11th National People's Congress of the People's Republic of China has passed an amended version of the PRC Insurance Law, to take effect from October this year. Partner Nigel Papi and Senior Associates Ross Keene and Troy Zhang look at the key changes

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    04 March 2009
    Focus: Asia Finance - Taking security in Hong Kong - Companies Ordinance rewrite

    A comprehensive review and rewrite of the Companies Ordinance was launched in mid-2006. Three stages of public consultations were sought and consultation conclusions have now been released. Among them, are proposed changes to the laws in relation to the registration of charges. Partner Matthew Barnard and Lawyer Lucia Chan look at the present regime and the proposed changes

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    02 March 2009
    Focus: ASEAN-Australia-New Zealand Free Trade Area

    On 27 February 2009, the trade ministers of all ten ASEAN members, Australia and New Zealand signed the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (to be referred to by the somewhat unwieldy acronym AANZFTA). One of our South East Asia-based partners, Marcus Clark, was at the signing as a delegate of the Australia-ASEAN Business Council and reports on the implications of this important trade initiative

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    20 February 2009
    Client Update: Proposed changes to the foreign investment screening regime

    The Treasurer recently announced that the Commonwealth Government intends to amend legislation to clarify the operation of the foreign investment screening regime. Partner Alex Ding and Lawyer Laijing Lee report

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    18 February 2009
    Focus: US seeking to further regulate wholesale private equity funds

    New US legislation, if enacted, could place Asian fund managers under greater disclosure regulation and make the US investor market a less attractive arena for their products. Some of these issues may also have relevance for Australian fund managers. Partner Robert Clarke and Tim Manefield look at the impact of the new legislation

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    06 February 2009
    Client Update: Singapore - Funds Management

    In the past fortnight, the Singapore Parliament has passed two Bills that introduce a suite of amendments to the principal legislation governing the securities industry in Singapore. This heralds the imminent introduction of a requirement to obtain the approval of the Monetary Authority of Singapore before entering into any arrangement to obtain effective control of an entity licensed under this legislation. Allens looks at this impending change

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    04 February 2009
    Focus: Asia - Funds Management

    In response to the current turmoil in global equity markets, the Singapore Exchange Limited, in consultation with the Monetary Authority of Singapore has introduced initiatives to facilitate rights issues by listed issuers. Partners Robert Clarke and Tim Manefield look at these initiatives, with a particular focus on the listed property sector

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    03 February 2009
    Focus: Asia Finance - New lending opportunities in Cambodia

    This is the first of a regular series of Focus articles dealing with banking and finance issues in Asia. This edition looks at a recent milestone in the development of the legal framework for secured lending in Cambodia, the introduction of the Law on Secured Transactions. While a number of major challenges to commercial financing transactions in Cambodia remain, the establishment of a clear legal framework for secured lending is a key step in developing the financial sector

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    20 January 2009
    Focus: Asia - Real Estate

    In the current climate of financial instability, it is timely to consider issues arising from the insolvency of real estate fund managers (or 'sponsors') and how such an insolvency can affect a fund and its investors. Partners Tim Manefield and Robert Clarke and Senior Associate Charlie Harrison look at this issue in an Asian context

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    14 January 2009
    Client Update: Asia - Banking & Finance

    After close to two years of deliberation, the Ministry of Finance has issued a new decision to regulate the activities of foreign investors in Vietnam.

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    22 December 2008
    Focus: Indonesia

    After three years of debate, the Bill on Mineral and Coal Mining was finally passed by the Indonesian House of Representatives on Tuesday, 16 December 2008. This new law will come into force once approved by the President and promulgated by the Ministry of Laws and Human Rights. Allens partner, David Holme and Widyawan & Partners Senior Partner, Widyawan, and Senior Associate, Ponco Prawoko, look at the key provisions of the new law

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    12 December 2008
    Focus: Asia

    The long-anticipated bill for the recognition of limited partnerships in Singapore was recently passed. Partner Gavin MacLaren, Senior Associate Michael Chang and Lawyer Jonathan Teo report

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    10 December 2008
    Focus: Asia

    While the Renminbi is now readily convertible outside China, the PRC Government maintains stringent capital controls into and out of China in an effort to control and direct in-bound investment and monitor domestic investment abroad. China's State Council has taken steps to remove some of the restrictions on foreign exchange regulation of investments by domestic institutions abroad while at the same time tightening its regulation of capital flowing into China

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    24 November 2008
    Focus: Thailand

    Thailand's Ministry of Commerce recently issued an advice concerning the ability of a majority foreign-owned Thai company to grant a guarantee. The advice has important implications for all majority foreign-owned Thai companies and their ability to grant guarantees and, by extension, mortgages and other security for third-party debts. International Partner Marcus Clark and Senior Associate Rawat Chomsri report on the implications of the advice

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    05 November 2008
    Client Update: Climate Change

    China's State Council Information Office recently released its White Paper on climate change. Partner Campbell Davidson and Lawyer Mark Harding report on this major policy statement from the Chinese Government

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    30 October 2008
    Focus: China - Employment

    The PRC State Council has recently issued implementing rules for the PRC Labour Contract Law. These rules interpret and clarify a number of provisions of the Labour Contract Law and set out how the law will be implemented in practice. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu outline the key issues raised by the rules

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    28 October 2008
    Focus: Hong Kong - Banking & Finance

    The recent collapse of Lehman Brothers has rendered its 'minibonds' almost worthless with angry investors alleging that they were marketed to them as a low-risk product. It later transpired that the 'minibonds' were not bonds but derivatives designed for professional investors, not for retail investors. As a result, many investors are asking whether the banks fully disclosed the risks pertaining to that investment or were the banks in breach of any law or regulatory codes of conduct?

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    02 October 2008
    Focus: Funds Management

    The Australian Securities and Investments Commission has released a class order to facilitate the offering to Australian retail investors of collective investment schemes which have been authorised by the Hong Kong Securities and Futures Commission. Partner Susan Burns and Senior Associate Penelope Barclay look at a new regime where such schemes will effectively be governed by Hong Kong law, thereby reducing the Australian regulatory requirements which would otherwise apply