China Signals Improvements for Foreign Investors

作者/编者:Mark Schaub, Atticus Zhao, Dai Xueyun and Zheng Wei
作者单位:金杜律师事务所
创作年代:2019
出处/来源:金杜律师事务所
学科分类:国际经济法学
文献语种:

摘要

On 1 November 2019, the Ministry of Justice released the Implementing Regulations for the Foreign Investment Law of the People’s Republic of China (Draft for Comment) (“Draft Regulations”) which were jointly drafted by the Ministry of Commerce (MOFCOM) and the National Development and Reform Commission. The Draft Regulations clarify the PRC Foreign Investment Law which will come into force on 1 January 2020. The Draft Regulations coupled with a slew of regulations in respect of foreign exchange are largely positive for foreign investors looking at or already in China. Indeed, in theory, the relaxation in respect of foreign exchange remittance may be helpful for foreign investors looking to leave China. The relative slowdown in China coupled with over ambitious expansion plans in the early 2000s means that many foreign investors have excess capacity which they need to reduce. The provisions should ease the transfer of funds overseas. There is a lot positives in the Draft Regulations, for example more level playing field, better IP protection, great ease in transmitting funds overseas and tacit acknowledgement of the VIE structure etc. However, the main issue is whether the actual implementation on the ground will match the ambition of the regulations. Most decisions are made locally, so it is unclear whether the local authorities will support the greater flexibility afforded under the Draft Regulations or will they continue in their old ways. Time will tell.

关键词: Foreign Investment Law; Draft Regulations; Investment Management; Regulatory Regime; China

正文

备注

本文献PDF共计7页,免费分享。

为你推荐RECOMMEND

联系客服
翻译服务
下 载

该文档为付费内容,请购买后阅读全文

翻译服务

China Signals Improvements for Foreign Investors

我们提供文献翻译服务,请填写您的联系方式,方便我们与您取得联系

提交
客服热线:13801067850 座机:010-88578296

提交成功

我们会在3个工作日内与您取得联系,请保持手机联系方式畅通

京ICP备09007874号-1