Foreign investors allowed to use capital contributions

November 02, 2012 | BY

clpstaff &clp articles

The latest Provisions from the Ministry of Commerce allow foreign investors looking to use equity interests to invest in another FIE, but questions over pricing and approval authorities remain

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The Ministry of Commerce (MOFCOM) issued the Tentative Provisions Involving Equity Investments of Foreign-invested Enterprises (商务部关于涉及外商投资企业股权出资的暂行规定) on September 21. They became effective on October 22.

The Provisions lay out how foreign investors can use equity interests in a Chinese company to invest in another foreign-invested enterprise (FIE). They also prevent certain foreign investors from restricted industries from investing in another FIE.