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China Outbound Portfolio Investment: Fleshing Out Regulations for QDII Securities Institutions & Insurers

Recent legislation has filled the gaps in the PRC's qualified domestic institutional investor (QDII) regulations. Changes affect China's balance of payments and international relations.

Date: September 2007

Keywords (click to search): [QDII] [capital market] [securities] [bonds] [fund management institutions] [investors] [foreign markets] [asset management] [outbound foreign investment]

By Neal A. Stender, Xiaowei (Sherry) Yin and Xueyan (Sylvia) Gao of
Orrick, Herrington & Sutcliffe

QDII regulations now cover securities institutions and (less-comprehensively) cover insurance institutions, as well as the previously well-covered banks and trust companies. Various types of QDIIs now have a clearer basis on which to develop products, services, alliances and strategies in order to attract funds from PRC individuals and organizations for deployment in outbound portfolio investment. The most direct competition for such funds is likely to occur between entities within the same category of QDII, but there is enough overlap between the categories to present investing individuals and organizations with multiple choices. There is also increasing overlap between the custodial and advisory services needed by different types of QDIIs, which is likely to lead to increasing opportunities for, and competition among, other domestic and foreign financial institutions.

The most recent legislation consists of:

¡¤ The Trial Measures for the Administration of Overseas Investment of Insurance Capital (Insurance Measures), effective on June 28 2007, issued on the same date by the China Insurance Regulatory Commission (CIRC); and

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