China Laws and Regulations Update in January 2024

1. Company Law of the People’s Republic of China (Revised)

Promulgated by Standing Committee of the National People’s Congress

Promulgated date: 13 December, 2023

Implementation date: 28 December, 2023

Document number: Chinese President Order No. 15

The revised Company Law consists of 15 chapters, including company registration, establishment and organization of limited liability companies, transfer of shares of limited liability companies, and establishment and organization of joint stock companies. The Company Law improves the contribution registration system of limited liability companies, clarifying that the capital contributions made by all shareholders shall be paid in full by the shareholders within five years from the date of the establishment of the company in accordance with the provisions of the articles of association of the company. At the same time, if the period of capital contribution of a company that has been registered and established prior to the implementation of the new Company Law is longer than the period stipulated therein, it shall be adjusted gradually to the period stipulated therein, unless otherwise stipulated by laws, administrative regulations or the State Council. Where the period or the amount of capital contribution is obviously abnormal, the company registration authority may, in accordance with the law, require it to make timely adjustments. (Source: NPC website)

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China Laws and Regulations Update in December 2023

1. Opinions on Handling Criminal Cases of Dangerous Driving while Intoxicated

Promulgated by The Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of Justice

Promulgated date:13 December, 2023

Implementation date: 28 December, 2023

Document number: SPP [2023] No. 187

The Opinions consists of 30 articles, divided into six parts, namely, general requirements, filing and investigation, criminal prosecution, expeditious handling, comprehensive management and supplemental provisions, which are comprehensive in content and tightly regulated by law. Among them, the filing and investigation part has prescribed the filing standards, definitions of roads and motor vehicles, enforcement measures, and evidence collection, etc.; the criminal prosecution part has prescribed the circumstances for heavier and lenient punishment, the identification and sentencing standards for significantly minor and minor circumstances, public services, and the connection between criminal and administrative penalties, etc.; the expeditious handling part has prescribed the principle, scope, period and process of applying the expeditious handling mechanism to driving while intoxicated cases. (Source: Supreme People’s Procuratorate)

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