China’s NDRC Issued Answers to FAQs on Outbound Investment, Clarifying the Application Scope of Sensitive Projects
|作者/编者：||Wang Kaiding, Huang Mengting and Tang Xinran||作者单位：||金杜律师事务所|
In June 2018, the National Development and Reform Commission (“NDRC”) released the Answers to Frequently Asked Questions Concerning Outbound Investment by Enterprises (“Answers to FAQs”) on its official website, providing clarification to 61 frequently asked questions regarding the application of the new Administrative Measures for Enterprise Outbound Investment (“Regulation No. 11”). It’s particularly worth noting that, the NDRC made restrictive interpretations with respect to the scope of sensitive projects.According to the Answers to FAQs, outbound investments in sensitive industries like “real estate”, “hotel” and “setting up offshore equity investment funds or investment platforms without specific underlying industrial projects” will not be categorized as sensitive projects and therefore is not subject to the NDRC’s verification procedures for outbound investment, provided that “they do not involve commitment of domestic assets or interests or provision of onshore financing or guarantee and the entire capital is raised from overseas.” However, if such investment involves commitment of domestic assets or interests or provision of onshore financing or guarantee, they would still fall into the category of sensitive projects which are subject to the NDRC’s verification procedures.
|文章标题||China’s NDRC Issued Answers to FAQs on Outbound Investment, Clarifying the Application Scope of Sensitive Projects|
- ·China’s NDRC Issued Answers to FAQs on Outbound Investment
- ·China’s NDRC Issued New Outbound Investment Rules
- ·Outbound Investment — Managing risks and exiting with grace
- ·NDRC proposes to further simplify Chinese outbound investment regulatory regime – major changes to “road-pass” regime
- ·What Will Become of Foreign Investment in China under the new Record-filing System?
- ·The New “Negative List”for Foreign Investment
- ·Opportunities and Challenges Presented by Foreign Investment to Domestic Payment Industry
- ·Farewell to the Era of Case-by-Case Foreign Investment Approvals
- ·Foreign Investment in China’s Self-Driving Car Sector
- ·China’s M.I.I.T. Proposes Broad Regulatory Oversight over Pre-Installed Mobile Phone/Device Applications
- ·Hong Kong’s competition law now in force – Tips for financial institutions
- ·Hong Kong Competition Commission’s enforcement and leniency policies
- ·A new cross border financing management regime implemented in China’s four free trade zones
- ·First Boycott Decision: Be Careful with Concerted Exclusive Dealing
- ·The Antitrust Safe Harbor for Exercising IPRs: More Details are Needed for its Scope, Thresholds and Compatibility
- ·Qualified foreign institutional investors investing in China’s Inter-bank Bond Market are no longer subject to approval and quota restrictions
- ·Highlights of Recent Legislation in connection with China’s Anti-monopoly Law
- ·What has been “Changed” and “Unchanged” for the foreign investments in online publishing? -- A capsule review on the online publishing service rules
- ·The Employment of “Elderly” Foreigners in China: Service or Employment?