Variable Interest Entities

News & Analysis as of

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?

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

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

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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