Ministry of Commerce, Measures for the Administration of Outbound Investment

商务部境外投资管理办法

April 16, 2009 | BY

clpstaff &clp articles

Mofcom makes approvals for outbound investment faster and smoother.

Promulgated: March 16 2009
Effective: May 1 2009
Interpreting Authority: Ministry of Commerce (Mofcom)

Applicability: The term “outbound investment” refers to the establishment of an overseas non-financial enterprise or obtaining of an existing overseas non-financial enterprise's rights and interests such as ownership, controlling power and operation and management power by enterprises established in China in accordance with the law through means such as new establishment, mergers or acquisitions (Article 2).

The term “special purpose vehicles” refers to overseas companies listed overseas that are directly or indirectly controlled by enterprises for the purpose of realising the rights and interests in the domestic company that they actually own (Article 37).

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