Foreign Direct Investment

• State Council, Decision on the Sixth Batch of Items in Respect of Which the Administrative Examination and Approval are Abolished or Revised

  国务院关于第六批取消和调整行政审批项目的决定

  171 items no longer require examination and approval.

  November 08, 2012

• Shanghai Municipality, Implementing Opinions on the «Shanghai Municipality, Provisions on Encouraging the Establishment of Regional Headquarters by Multinational Corporations»

  上海市关于《上海市鼓励跨国公司设立地区总部的规定》的实施意见

  Existing regional headquarters of multinational corporations in Shanghai that are upgraded to Asia regional, Asia-Pacific regional or larger regional headquarters may be eligible for one-time assistance of Rmb3 million.

  November 07, 2012

• Tentative Provisions on Capital Contributions Made in the Form of Equity involving Foreign-invested Enterprises

  关于涉及外商投资企业股权出资的暂行规定

  The equity of real property enterprises, foreign holding companies, foreign-invested venture capital investment enterprises and foreign-invested private equity enterprises is not allowed to be used for investment in another foreign-invested enterprise.

  November 07, 2012

• Beijing pushes foreign investors into healthcare

  A new Beijing Policy is designed to attract foreign investors to the healthcare sector, which is expected to develop rapidly, but until regulations at the national-level catch up investors can only guess at the true impact

  October 18, 2012

• Beijing pushes foreign investors into healthcare

  A new Beijing Policy is designed to attract foreign investors to the healthcare sector, which is expected to develop rapidly, but until regulations at the national-level catch up investors can only guess at the true impact

  October 18, 2012

• Why upgrading your Shanghai office could pay off

  The Shanghai Municipal Government has released Opinions encouraging multinationals to set up regional headquarters there, but will this cause tension with Beijing, which is expected to respond with a counter offer

  September 29, 2012

• Reconsidering the VIE structure

  The variable interest equity (VIE) structure has long been used by foreign investors wishing to invest in China's prohibited or restricted industries, but an investigation into New Oriental Group has highlighted issues with the structure and led to calls to fully-open foreign investment

  September 12, 2012

• Announcement on the Recognition of the “Beneficial Owner” in Tax Agreements

  关于认定税收协定中“受益所有人”的公告

  For the first time, the SAT provides for the direct recognition of a beneficial owner without references and analysis.

  September 12, 2012

• MOFCOM's review processes explained

  Anti-monopoly is still a new concept in China, but transactional reviews are increasing in importance as the country ascends to the world stage. But it is still unclear what triggers a review, what the process involves and how reviews are changing

  September 12, 2012

• Foreign-invested partnerships: A new vehicle for investments?

  Foreign-invested partnerships have been around for two years and are starting to become more attractive as investors seek alternative vehicles. The structure is easy to set up and offers unparalleled tax benefits, but investors should be cautious of their liabilities

  September 12, 2012