New regulations allow foreign investors to invest in RMB

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New regulations allow foreign investors to invest in RMB, 商务部新规允许境外投资者以人民币投资
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On 25 February the Ministry of Commerce promulgated the Issues Relating to the Work of Managing Foreign Investment Notice (Shang Zi Han [2011] 72), laying down detailed provisions for the approval of foreign investment in keeping with the State Council’s Fifth Batch of Items with Respect to Which Administrative Approvals are Cancelled or Decentralized Decision (Guo Fa [2010] 21) and its Further Improving the Utilization of Foreign Investment Opinions.

Abolishing some approvals

The establishment of domestic branch offices which are not subject to requirements under special provisions, and lists of equipment imported as a capital contribution, no longer require approval by departments of commerce. Foreign investment enterprises (FIEs) can apply directly to the relevant departments to go through the necessary procedures.

The approval of departments of commerce is no longer needed for a change in the legal address of an FIE (unless it is under the jurisdiction of multiple examination and approval authorities), for a change in its name or for a change in the identity of its investors. However, an FIE must file with a department of commerce within 30 days of going through procedures for a change in its business registration and obtain a new FIE approval certificate.

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Business Law Digest is compiled with the assistance of Haiwen & Partners. The authors can be emailed at baochen@haiwen-law.com. Readers should not act on this information without seeking professional legal advice.

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