PE in China: Growth spurt
The release of several recent private equity-related regulations indicates the government’s encouragement for increased foreign participation in this space. Shanghai’s new Pilot Measures provide several new fund structures for offshore investors, but in order to advance the PE market regulators need to provide more guidance to address other challenges like fund-raising, partnership asset transfers, exits and taxes
Issue: March 2011
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On December 24 2010, the Implementing Measures for the Launch of Pilot Foreign-invested Equity Investment Enterprises in the Municipality (上海市关于本市开展外商投资股权投资企业试点工作的实施办法) (Pilot Measures) was jointly issued by the Shanghai Financial Service Office (Shanghai FSO), the Shanghai Municipal Commission of Commerce (Shanghai Mofcom) and the Shanghai Administration for Industry and Commerce (Shanghai AIC). Effective as of January 23 2011, the Pilot Measures marks another breakthrough in the development of renminbi-denominated funds (Rmb funds) as it further clarifies how the involvement of foreign investors and foreign-invested fund management enterprises will affect the legal treatment of such Rmb funds. Specifically, it provides additional guidance for the establishment of and investments by foreign-invested equity investment enterprises (Investment Enterprises), and adds a new concept for foreign-invested equity investment enterprises, the “Pilot Enterprise for Foreign-invested Equity Investment Enterprise” (Pilot Enterprise) scheme. The Pilot Measures also stipulate more detailed rules on how foreign-invested equity investment management enterprises (Management...
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