Reforming China’s Legal Administration of Foreign Direct Investments: A Shift from the Substantial Review and Approval System to the Filing for Record System

Pillsbury Winthrop Shaw Pittman LLP
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As of October 1, 2016, the current substantial examination and approval process required by the approval authorities (Approval Authorities, i.e., the Ministry of Commerce (MOFCOM) or its local counterparts) for the establishment and subsequent changes of foreign invested enterprises (FIEs) will be simplified to a filing system, as long as the FIEs in question are not engaged in industries included on the national Negative List. MOFCOM has also published the draft Interim Administrative Measures regarding Filing for Records of the Incorporations and Changes of Foreign Invested Enterprises (Record-filing Measures) for public comments by September 22, 2016, with the final version set to take effect on October 1, 2016. These legal changes will substantially lessen regulatory burdens on foreign investors and speed up the regulatory registration process for the establishment of FIEs in China.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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