News & Analysis as of

Variable Interest Entities

VIE Validity Still Unsure - It may be premature to conclude that the decision of China’s Supreme People’s Court in last year’s...

A 2016 judgment (the “Judgment”) made by the Supreme People’s Court of China (the “Supreme Court”) was believed by some scholars and practitioners to confirm judicial recognition of the VIE structure. We believe the Supreme...more

Recent Developments in the Chinese Regulatory Regime Governing e-Commerce

by Seyfarth Shaw LLP on

The Chinese regulatory regime governing e-commerce has been constantly evolving as domestic and cross-border e-commerce continues its rapid growth. Recently, the regulatory environment has opened up in several ways:...more

"Recent Developments in the Use of Variable Interest Entities"

The variable interest entity (VIE) structure has been around since the listing of Sina.com on the Nasdaq Stock Market in 2000. It enables companies to exercise control over operating entities and derive economic benefits from...more

Update on China’s New Restrictions on Internet Content

by Dorsey & Whitney LLP on

Apple’s iTunes and Disney’s DisneyLife websites have reportedly become early targets of China’s internet regulators who are beginning to enforce new rules restricting the publication of online content. The new rules, the...more

Online Payment Systems Technology in China—Trojan Horse or Forbidden Fruit?

by Morgan Lewis on

Powerful new computational technology pioneered in e-commerce presents Chinese regulators with potential concerns and solutions to the perennial problem of information, pricing, and settlement capacity. Online payment...more

China’s Draft Foreign Investment Law Could Be a Game Changer?

by Miller Canfield on

China’s Ministry of Commerce (MOFCOM) has issued a draft Foreign Investment Law for public comment. The draft law (the Draft) will almost certainly not become law until 2018 at the earliest and changes are likely before...more

PRC Foreign Investment Draft Law: What You Should Know

On January 19, 2015, China’s foreign investment regulatory authority Ministry of Commerce (“MOFCOM”) released a draft of new Foreign Investment Law (“Draft Law”) (See blog article Comparison Chart re JV Law and Foreign...more

Are VIEs Finished?

by Goodwin on

On January 19, 2015, the Chinese Ministry of Commerce (“MOFCOM”) released the draft Foreign Investment Law (the “Draft Law”) for public comment. The public consultation period will end on February 17, 2015, after which the...more

Fourth Circuit Affirms Dismissal of Securities Fraud Complaint Where Inference of Scienter Was Not Sufficiently Strong

In Yates v. Municipal Mortgage & Equity, LLC, No. 12-2496 (4th Cir. Mar. 7, 2014), the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a securities fraud claim under Section 10(b) of the...more

China VIEs: Recent Developments and Observations

by Morrison & Foerster LLP on

As many of our readers are aware, the “variable interest entity” (“VIE”) structure has proven popular over the past decade as a means to facilitate the offshore financing of PRC companies doing business in regulated sectors...more

An Update on China's Variable Interest Entities - Navigating Regulations and Mitigating Risks for 2013

by K&L Gates LLP on

For more than a decade, variable interest entities (“VIEs”) have been used as investment vehicles for foreign companies to indirectly invest in China’s restricted and prohibited industries as well as for Chinese domestic...more

Variable Interest Entity (VIE) Structures Face Additional Scrutiny for Hong Kong Listing

Since its first use by Sina Corporation in 2000, the VIE structure has been widely adopted by many Chinese companies to attract foreign investment and complete offshore listings. While companies operating under VIE structure...more

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