Distribution in China - Law and reality, a moving target

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Information about Distribution in China - Law and reality, a moving target
Law

Published on April 3, 2014

Author: eigerlaw

Source: slideshare.net

Description

This presentation addresses Distribution modes in China with a bit of WTO, Recent Legal Texts, Competent Authorities, an Excursion to Specific Distribution Issues, with a Trial of an assessment.

Shanghai, March 15, 2006 Nathan Kaiser, Attorney-at-Law www.eigerlaw.com Distribution in China Law and reality: a moving target...

Overview 1. Distribution modes and a bit of WTO 2. Recent Legal Texts 3. Competent Authorities 4. Excursion: Specific Distribution Issues 5. Trial of an assessment

1. Distribution Modes & a bit of WTO ● Current legal situation / WTO ● Distribution Rights (distribution license) ● “Wholesale”,”Retail”,”Direct selling”, “Internet”, and “Franchising” ● Not a solution: talk & rumors ● The Carrefour-phenomena and its place in history

2. Recent Legal Texts ● “Guidance on Applications for FICE” (issued Sep. 1, 2005”) ● “Circular on Entrusting Local Authorities for Approval of FICE” (issued Dec. 9, 2005, in force March 1, 2006”)

3. Competent authorities ● Principle: all approval by local authorities ● Exception: large-scale retail projects ● Exception: direct sales channels ● Exception: raw materials ● Exception: specific products ● Assessment, background of the Circular

4. Excursion: Specific Distribution Issues ● Books & Publications ● Forwarding & Postal ● Raw materials, oil, steel, coal, etc. ● Importation ● New Company Law… etc. etc. - Q&A ● Overall Assessment: FICE as a “normal company”

… things to remember: ● Normalization can be expected ● Local Authorities mostly in charge ● Market now more in charge - private & gov. ● Fine tuning and details can be expected shortly from the market itself

Q & A

Merci pour votre attention!

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