A number of different strategies are now possible for foreign investors in acquiring stakes in a domestic entity in China. It is easiest to examine some of the more common choices if we present a hypothetical case study.
The PRC State Council published the new Copyright Law Implementing Regulations (the Regulations) on August 2 2002, almost a year after the Copyright Law was amended. The new Regulations are mainly intended to bring China's copyright regime closer to full compliance with the TRIPs Agreement of the World Trade Organization (WTO).
Foreign invested enterprises (FIEs) have been permitted to engage in various aspects of the international transportation of goods and their management, but some areas remain severely restricted. New regulations might change this situation.
The internet is the prime example of a forum where the debate on social influences will unfold, and new regulations have been issued that address how internet publishing should be done.
The parameters of foreign investment in China's energy projects are outlined by several pieces of national legislation that detail both how foreign investment should be undertaken and in what fields. What steps has China taken to bring its procurement practices to international standards?
On July 20 2002, the Shanghai municipal government issued the Encouraging the Establishment of Regional Headquarters by Foreign Multinational Corporations Tentative Provisions (the Tentative Provisions) to make itself attractive as a centre for international business, but how inviting are the provisions in the new law?
Two new sets of regulations are intended to improve the planning, construction and administration of international communications facilities in China, against the backdrop of safeguarding the interests of the state and protecting state sovereignty over communications and state security.
The China Securities Regulatory Commission (the CSRC) has promulgated new regulations that provide a long-awaited basis1 for the creation of foreign invested fund management companies in China.
Foreign-funded infrastructure projects form a critical part of China's economic development. However, ill-defined and incomplete legislation has over the years compromised the quality and boosted the costs as well as the final product prices of foreign-funded projects.
The China Securities Regulatory Commission (the CSRC, China's securities regulatory body), issued the Establishment of Securities Companies with Foreign Equity Participation Rules (the Securities JV Rules or the Rules) on June 1 2002. The Rules set out the conditions and procedures for the establishment of Chinese-foreign securities joint venture companies and they represent a limited opening up of China's securities industry to foreign investors.