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Variable Interest Entities Foreign Investment

Morgan Lewis

Will Outbound Investment Review Also Cover Investment in China Through Offshore Tax-Advantaged Jurisdictions?

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A confluence of two events has the potential to curtail a type of US investment in China that may currently be flying under the radar. The first is a white paper recently released by a group of academics, which details the...more

WilmerHale

China’s New Negative List for Foreign Direct Investment

WilmerHale on

On December 27, 2021, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce jointly issued the Special Administrative Measures (Negative List) for Foreign Investment Access (2021 Edition)...more

Vinson & Elkins LLP

SEC Chair Announces Increased Scrutiny Of Offshore Issuers With Ties To Chinese-Based Operating Companies

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On July 30, 2021, Securities and Exchange Commission (“SEC”) Chair Gary Gensler issued a public statement announcing that he has asked SEC staff to require additional disclosures from offshore issuers with ties to China-based...more

WilmerHale

SEC Chair Issues Statement on Investor Protection Related to Developments in China

WilmerHale on

On Friday, SEC Chair Gary Gensler issued a statement concerning investor protection related to recent developments in China. The statement summarizes risks to US investors as a result of recent government-led developments in...more

Akin Gump Strauss Hauer & Feld LLP

New Mainland China Official Government Opinion on the Off-campus Tutoring Education Sector—Implications for VIE Structures in This...

Last month we alerted our clients to the expected impact of the Implementation Rules for the Law for Promoting Private Education (“Education Sector Implementation Rules”), which signaled a continued focus by the authorities...more

Pillsbury Winthrop Shaw Pittman LLP

Implementing China’s New Foreign Investment Law, Part One: Reporting Requirements

The first installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. The law institutes new reporting requirements for foreign investors....more

White & Case LLP

China Publishes Draft Implementation Regulations on the New Foreign Investment Law; Seeks Comments from Public

White & Case LLP on

On November 1, 2019, China's Ministry of Justice ("MOJ") released a draft version of the Implementation Regulations on the Foreign Investment Law ("Draft Regulations"), aimed at facilitating the new Foreign Investment Law...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hong Kong Regulatory Update - July 2019

This edition provides an overview of key regulatory developments in the past three months relevant to companies listed, or planning to list, on The Stock Exchange of Hong Kong Limited (HKEx), and their advisers. In...more

Parker Poe Adams & Bernstein LLP

How a New Law in Mainland China Will Impact Foreign Investment

In less than six months, a new law will take effect in China that will have a major impact on foreign investment. The National Congress of the People’s Republic of China passed the Foreign Investment Law in March, three years...more

Orrick, Herrington & Sutcliffe LLP

Foreign Investment in China: An Introduction

China presents some of the world’s most exciting opportunities, and a unique set of cultural, legal and political challenges. It has a distinct legal regime that in many respects cannot be understood by direct reference to...more

Pillsbury Winthrop Shaw Pittman LLP

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

Seyfarth Shaw LLP

Recent Developments in the Chinese Regulatory Regime Governing e-Commerce

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

Skadden, Arps, Slate, Meagher & Flom LLP

"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

Miller Canfield

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

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

Sheppard Mullin Richter & Hampton LLP

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

Goodwin

Are VIEs Finished?

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

K&L Gates LLP

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

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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

Pillsbury Winthrop Shaw Pittman LLP

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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