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Foreign Investment, Merger and Acquisition Administration Procedures Streamlined

The filing administration procedures required in the case of overseas companies acquiring or merging with domestic enterprises, as well as those related to foreign investments in listed companies, are to be simplified. The full details of the changes were announced by the Ministry of Commerce (MOFCOM) in its recently published review of such procedures – Interim Measures for the Filing Administration of the Establishment and Changes of Foreign-Invested Enterprises (FIEs).  The simplified process, however, will not apply in any instances involving special administrative measures or related acquisitions / mergers.

The three key elements of these revised filing administration procedures are detailed below:

  • Should a domestic enterprise transiting to FIE status as a consequence of a merger / acquisition or through merger by absorption fall within the scope of the filing administration remit outlined in the Interim Measures, it must complete and submit the Establishment Declaration Form in accordance with the required filing procedures.
  • Should a domestic listed company in which a foreign investor makes a strategic investment fall within the scope of the filing administration remit outlined in the Interim Measures, it must complete the required filing procedures 30 days prior to / after informing the relevant securities registration and settlement agency and then submit the Establishment Declaration Form.
  • Should a new strategic investment made by a foreign investor in a foreign-invested listed company fall within the scope of the filing administration remit outlined in the Interim Measures, it must complete the required filing procedures 30 days prior to / after informing the relevant securities registration and settlement agency and then submit the Change Declaration Form.

The revised Interim Measures came into force on 30 July 2017.

For further details (in Chinese), please refer to the following website:

Decision of MOFCOM on Revising the Interim Measures for Filing Administration of Establishment and Change of FIEs (MOFCOM Order No. 2 [2017])

Content provided by Picture: HKTDC Research
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