Business
China Provides Clarification on the Implementation of Article 88 (1) of the New Company Law
China’s Supreme People’s Court clarified that Article 88(1) of the New Company Law won’t apply retroactively, easing concerns for prior shareholders in equity transfers before July 1, 2024.
Clarification on Article 88(1) Non-Retroactivity
The Supreme People’s Court of China has clarified that Article 88(1) of the New Company Law will not retroactively apply to equity transfer disputes occurring before July 1, 2024. This announcement aims to address concerns from existing shareholders and resolve discrepancies in judicial decisions nationwide. Companies are advised to strengthen risk management practices for future equity transactions.
Judicial Guidance and Legal Framework
On December 24, 2024, the Supreme People’s Court issued a response reaffirming that disputes tied to equity transfers before the July 1, 2024, deadline will be governed by previous laws. This decision follows inconsistencies in judicial rulings regarding capital contributions, prompting a review by the Legislative Affairs Commission, which concluded that retroactive application was not justifiable.
Risk Management Strategies Moving Forward
Despite the ruling, equity transfers after July 1, 2024, may still attract supplemental liability under Article 88(1). To mitigate these risks, businesses should consider reducing registered capital, conducting thorough risk assessments, and implementing contractual safeguards to protect against potential liabilities.
Source : China Clarifies the Application of Article 88 (1) of the New Company Law
Business
China’s Sany Heavy Contemplates Selling Stake in Indian Operations – MSN
China’s Sany Heavy is contemplating selling a stake in its Indian operations, signaling a potential strategic shift in its business approach within the country.
Sany Heavy’s Strategic Move
China’s Sany Heavy Industries is contemplating a stake sale in its Indian operations. This decision aligns with the company’s strategy to streamline its business and enhance operational efficiency in the competitive Indian market.
Implications for India’s Construction Sector
The potential stake sale could significantly impact India’s construction machinery landscape, as Sany is a prominent player in this sector. Investors are closely monitoring the situation, which could lead to increased capital infusion into the market.
Future Prospects
If the stake sale proceeds, it may open up opportunities for new partnerships and investments in the Indian construction industry. Sany’s decision reflects broader trends of foreign companies reassessing their positions in India’s evolving market.
Source : China’s Sany Heavy is considering stake sale in India business – MSN
Business
Trump Proposes 10% Tariff on China and Contemplates EU Tariff Measures
Trump threatened a 10% tariff on Chinese goods starting February, citing trade abuses. He also aims for tariffs on EU imports, halted Biden-era policies, and initiated a major AI infrastructure project.
Trump’s Tariff Threats
Donald Trump has announced a potential 10% tariff on Chinese-made goods entering the U.S., set to start as early as February 1. Additionally, he is exploring the imposition of tariffs on imports from the European Union, focusing on trade relationships deemed unfavorable to the U.S. economy.
On his second day in office, Trump initiated an investigation into U.S.-China trade practices, linking tariff penalties to the illegal transportation of fentanyl. He criticized not only China but also other countries, emphasizing a trade deficit of $350 billion with the EU, which prompts his consideration of additional tariffs.
Alongside these economic measures, Trump signed executive orders reversing several Biden-era policies and halting significant infrastructure projects. This included a call to pause green infrastructure spending, jeopardizing around $300 billion in investments related to initiatives like the Inflation Reduction Act and the bipartisan infrastructure law.
Source : Trump threatens 10% tariff on China and considers EU levy
Business
China Reports Agreement on Ceasefire between Myanmar’s Factions
Myanmar’s conflicting parties have reached a ceasefire agreement, facilitated by China, aiming to reduce violence and promote peace in the region.
Myanmar Ceasefire Agreement
In a significant development, conflicting parties in Myanmar have reached an agreement for a ceasefire, with China facilitating discussions. This breakthrough is crucial for restoring peace in a nation that has been marred by violence and political strife in recent years. The ceasefire aims to pave the way for reconciliation efforts and improve the humanitarian situation in affected areas.
Role of China
China’s involvement as a mediator highlights its growing influence in resolving regional conflicts. The Chinese government has been working closely with both sides to promote dialogue and trust, crucial elements for a long-term peace solution. Increased stability in Myanmar can benefit regional security and economic development, making China’s mediation significant.
Looking Forward
The hope is that this ceasefire will lead to further negotiations addressing underlying issues in Myanmar. While challenges remain, both parties have expressed willingness to work towards a peaceful resolution. The international community will be watching closely to see if this ceasefire can be sustained and lead to enduring peace for the people of Myanmar.