Provisions for the Implementation of the System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors

实施外国投资者并购境内企业安全审查制度的规定

The Provisions are basically a revision of the Tentative Provisions on Matters Relevant to the Implementation of the System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors.

(Promulgated by the Ministry of Commerce on August 25 2011 and effective as of September 1 2011.)

(商务部于二零一一年八月二十五日公布,自二零一一年九月一日起实施。)

Announcement of Mofcom [2011] No.53

Article 1: When a foreign investor proposes to acquire a domestic enterprise that falls within the scope of security review of acquisition (Security Review) as specified in the General Office of the State Council, Circular on the Establishment of a System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors, it shall submit a Security Review application to the Ministry of Commerce.

If two or more foreign investors propose to jointly effect such acquisition, they may jointly submit a Security Review application to the Ministry of Commerce or they may designate one among them (the Applicant) to do so.

商务部公告 [2011] 第53号

第一条 外国投资者并购境内企业,属于《国务院办公厅关于建立外国投资者并购境内企业安全审查制度的通知》明确的并购安全审查范围的,外国投资者应向商务部提出并购安全审查申请。

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