Legislation roundup: FDI Catalogue, A shares and insurance companies
July 11, 2018 | BY
Susan MokThe negative list for foreign investment is relaxed, foreigners are encouraged to invest in the A-share market and insurance companies are required to include independent directors.
FDI
National Development and Reform Commission and Ministry of Commerce, Special Administrative Measures for Foreign Investment Access (Negative List) (2018 Edition)
The Negative List abolishes the restriction on the shareholding percentage of foreign investors in the banking industry, increases the shareholding percentage of foreign investors in securities companies, fund management companies, futures companies and life insurance companies to 51%, and from 2021, abolishes all restrictions on the shareholding percentage of foreign investors in the financial sector. In the manufacturing sector, it abolishes the restriction on the shareholding percentage of foreign investors in special purpose vehicles and alternative energy vehicles, from 2020 it abolishes the restriction on the shareholding percentage of foreign investors in commercial vehicles, and from 2022 it abolishes the restriction on the shareholding percentage of foreign investors in passenger vehicles.
Further reading
Capital Markets
China Securities Regulatory Commission, Circular on Seeking Public Comments with Respect to the <Decision to Amend the Measures for the Administration of the Registration and Clearing of Securities>
On the basis of the currently specified scope of investors consisting of Chinese citizens, Chinese legal persons and Chinese partnerships, the revised Measures add “qualified foreigners” as one category of investors and specify that the specific measures for foreigners to apply to open securities accounts are to be formulated by the securities depository and clearing institution and submitted to the China Securities Regulatory Commission for approval.
China Securities Regulatory Commission, Circular on Seeking Public Comments with Respect to the <Decision to Amend the Measures for the Administration of the Equity Incentives of Listed Companies>
The amended Measures broaden the scope of the employees with foreign nationality of domestic listed companies who can be the beneficiaries of equity incentives from those foreign employees who work in China to all foreign employees, i.e. the foreign employees of a domestically listed company who work abroad may also be beneficiaries of equity incentives and may, on this basis, apply to open A-share securities accounts.
Further reading
Insurance
China Banking and Insurance Regulatory Commission, Measures for the Administration of the Independent Directors of Insurance Institutions
The board of directors of an insurance institution shall have at least three independent directors and they shall account for not less than one-third of the total number of members of the board.
Further reading
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