Legal newsletter (first issue in 2016)

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First, finance

New rules for private equity funds

February 5, 2016, China Foundation Association issued "on the further regulation of private equity fund managers to register a number of matters of the notice" (China Association for the Joint Issue [2016] No. 4), clear 21 major new regulations. These new regulations almost all match the clear sanctions, you can infer that private equity fund booming barbarian era is about to quickly end.

The new regulations stipulate that the issue of manager compliance will be fully verified by the law firm and legal advice will be issued. Otherwise, it will not be able to complete the registration or change the record of the fund products and major matters.

◆ 2016 years, the country's PPP projects can be http://www.cpppc.org inquiries

December 18, 2015, the State Ministry of Finance issued "on the regulation of government and social capital cooperation (PPP) comprehensive information platform operation notice", pointed out that on January 1, 2016, the Ministry of Finance "government and social capital cooperation (PPP ) Integrated information platform "on-line operation, at http://www.cpppc.org. Integrated information platform is the national PPP project information management and publishing platform, in principle, all PPP projects must be included in the project library; national and provincial demonstration projects, local PPP annual planning and medium-term planning projects are required from the PPP integrated information platform project Library selection and identification; not included in the PPP comprehensive information platform project library project, shall not be included in the directory of PPP projects, in principle, not through the budget arrangements for expenditure responsibilities.

Second, the tax

◆ WeChat red envelopes and other network red envelopes of the tax requirements

July 28, 2015, the State Administration of Taxation issued "on the strengthening of the network of red envelopes personal income tax collection and management of the notice" (Tax letter [2015] No. 409), clear the network of red taxes and non-tax split: The company shall pay the personal income tax for the cash income of the cash network, and the personal income tax shall be calculated according to the contingent income item. The other is the personal income tax which is obtained from the individual and belongs to the enterprise selling the product (product) or providing the service. Third, the cash distribution between the individual red envelopes, do not impose personal income tax.

◆ extended reading: At present, some WeChat red envelopes have been suspected of gambling crimes, and related jurisprudence. The second half of 2015, WeChat official disclosure "WeChat involving nearly 100,000 accounts." The key to judging whether or not it constitutes a gambling offense is whether it is for profit purposes.

◆ public rental housing tax preferential policies clear: enjoy 3 years exemption from property tax and other concessions

During the period from January 1 to December 31, 2018, China will continue to give preferential tax for urban land use tax, partial deed tax, stamp duty and land value-added tax for public rental housing construction and operation.

Third, the case

◆ Supreme People 's Court issued a reply to the provisions of the end of the implementation of the objection period

The Supreme People's Court issued a reply to the Law of the People's Republic of China on the end of the implementation of the provisions of Article 225 of the Civil Procedure Law, and the date of the Ｅxecution of the legal instrument Within six days from the date of receipt of the legal instrument, should be aware of or should know the end of the people's court within 60 days from the date of the proposed. Approved by the end of the implementation of the end of the promulgation of the date of publication within sixty days. If the objection is made beyond the time limit, the people 's court shall not accept the case.

◆ Chengdu High-tech Zone People's Court in a case for the first time quoted the constitution, denied the bank's claim of credit card late fees

This is issued by the Chengdu Hi-tech Industrial Development Zone People's Court No. "(2015) Gao Xinmin first word No. 6730" verdict, is the first time that our court cited the provisions of the Constitution, denying the banking industry on the "late fee" red tape The

Fourth, the local new regulations

◆ Chengdu High-tech Zone will be the first in the country to implement architects, engineers, landscape division responsibility system

Chengdu High-tech Zone recently issued "on the further promotion of high-tech zones major government investment and construction projects comprehensive quality of the implementation of the views (Trial)", "government investment focus on the construction of procurement construction general contracting project pilot management approach", "construction site safety production supervision Management of the Interim Measures ", clearly pointed out that this year will be the first in the country in public buildings, public landscapes, municipal projects on the implementation of architects, engineers, landscape division responsibility system.

Five, recommended books

◆ legal practice skills book

"Basic Skills for Lawyers" (Lawyers Training Package)

"Lawyers business operation guidelines" (Lawyers training supporting materials)

"Lawyer's Road: New Lawyer's Required Course" (Jun He)

"Lawyer's Road (2): 11 business class of senior lawyer" (Junhe)

Producer: Yang Yuan Jiang Guoyan

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