China Law & Practice

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Rocky road for foreign-invested holding companies

An internal notice from the foreign exchange regulator creates more difficulties for foreign-invested holding companies wanting to reinvest their dividends in China

Issue: September 2011

Keywords (click to search): holding company CMS China dividends reinvestment holdcos

Chinese holding companies (so-called Foreign-invested Companies with Investment Nature or “Holdcos”) are normally established by foreign investors to act as platforms for their investment in China. Holdcos often want to reinvest the dividends received from their Chinese subsidiaries to establish or acquire new companies or to increase the registered capital of existing subsidiaries. This article aims to help its readership to understand the challenges and changes brought along by a recent Circular issued by the PRC State Administration of Foreign Exchange (Safe) in this respect. As an internal notice which was only distributed by the Safe to its local branches, this new Circular has not attracted much public attention. However, its implementation has already caused real problems for Holdcos which wanted to reinvest dividends in China.

New Requirement from the Safe circular huizihan [2011] No. 7 (汇资函[2011]7)

On March 29 2011, Safe issued the Circular on the Operating...

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