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What are the legal documents that support M&A through Foreign Invested Enterprises (FIEs)?
6th November, 2014
There are eight major supporting legal documents for M&A through FIEs: 1. Provisions on Merger and Acquisition of Domestic Enterprises by Foreign Investors (2009) …
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Who can apply for FIEs under these regulations?
6th November, 2014
EJVs, CJVs, WFOEs in the form of a limited liability company and foreign invested companies limited by shares can all apply under the regulations. The …
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When can a FIE begin to invest onshore and what limits these investments?
6th November, 2014
Now there are no specific regulations for this.
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What are some of the problems involved with M&A with State Owned Enterprises (SOEs)?
6th November, 2014
First of all, M&A with SOEs require approval from many government agencies such as the State Authority of Property Management. Secondly, the procedure is not …
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What are the chances of M&A with listed companies on the China stock market?
6th November, 2014
M&A with listed companies on the China stock market are legally allowed. However, there are still many specific restrictions.
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What are the several ways in which mergers & acquisitions in the Chinese Market can take place?
6th November, 2014
Mergers & acquisitions deals may take the form of either; (i) The purchase of equity or assets of an existing company. (ii) Share …
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Given that mergers and acquisitions in China can take several forms, how should one structure one’s business in the Chinese market?
6th November, 2014
This would depend on many factors. For example, if a foreign investor already has a reliable business associate in China, the foreign investor may wish …
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Does China have an anti-trust law which a foreign investor has to consider when entering into a merger and acquisition deal?
6th November, 2014
China issued an Anti-monopoly Law which took effect from January 1, 2008. According to Anti-monopoly Law, Article 31, if a foreign investor participates in the …
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Is it necessary to conduct a legal due-diligence exercise in a merger and acquisition transaction in China?
6th November, 2014
Certainly. Some Chinese companies may have certain irregularities somewhere in the course of their business. For example, the director of a company may deliberately fail …
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What is the general tax consequence of a merger in China?
6th November, 2014
According to the Notice of the Ministry of Finance and the State Administration of Taxation on Enterprise Income Tax Treatment of Enterprise Reorganisation Caishui [2009] …
