In order to carry out the central government policy of opening up financial market and implement the Regulations on Administration of Foreign-funded Insurance Companies (the “Regulations”) amended by the PRC State Council on September 30, 2019, China Banking and Insurance Regulatory Commission (the “CBIRC”) issued a Draft for Comments of the Implementing Rules for the Regulations on Administration of Foreign-funded Insurance Companies (the “Draft Rule”) on December 31, 2020 for public opinion. The Draft Rule proposes to clarify some major issues presented during the implementation of the Regulations, such as the ambiguity in recognizing the “Foreign Insurance Group Company” and the “Overseas Financial Institution”. Below we would like to provide an overview of the Draft Rule and highlight the major changes.
Continue Reading Overview of the Draft Rule on Foreign-funded Insurance Companies

30 December 2020 was a big news day for fans of international trade.

Living in London for the last year and being subjected to Brexit 24/7 made one feel as if the approval of the Brexit deal by the UK parliament was less news but rather the season finale of a reality TV show. However, as luck would have it 30 December had 2 not 1 big trade stories with China and the EU agreement major terms in principle of the EU-China Comprehensive Investment Agreement (“the EU-China Agreement”).
Continue Reading When Giants Agree – EU-China Investment Agreement

China and the Republic of Korea (Korea) enjoy a long history of cultural exchange, dating back to the Sui and Tang dynasties in China, or even earlier. In modern history, since the establishment of diplomatic relations between China and Korea on 24 August 1992, the relationship between the two countries has grown continuously, with frequent visits between top leaders. They have seen a growing economic and trade relationship between each other and a rapid progress in cultural exchanges. In recent years, the “Korean Wave” has found its unique place in the global cultural and entertainment industry, becoming a force to be reckoned with. It also has a great influence on the Chinese entertainment industry as the two countries deepen their cultural exchanges. This article discusses the PRC legal issues involved from three aspects of “bringing in”, “going global” and “joint cooperation”, based on our previous experience in cultural and entertainment projects. Hopefully it will bring you some inspirations.
Continue Reading Sino-Korea Cooperation in Culture and Entertainment

Kim Bohyoung,Park Yearang Corporate & Commercial Group King & Wood Mallesons

Foreign investors generally make their first investment in Korea* through establishing a local entity or acquiring the ownership, control, or business management right of existing enterprises. This article is intended to provide guidelines for foreign investors who are going to establish a local entity by analyzing which type of entity to establish, and the differences, advantages and disadvantages of these entities.
Continue Reading Investing in Republic of Korea: Establishing a Local Entity

Due to the global adjustment of business strategy and a growing  trend towards interest in community, a number of foreign investors no longer take China as their production base. Those having established labour-intensive industries in China are gradually reducing existing business and are shifting to capital-intensive and technology-intensive industries. As a result, some foreign-invested enterprises (FIEs) have acted quickly to exit the Chinese market.  
Continue Reading Equity Transfer in Withdrawal of Foreign Invested Enterprises

Barri Mendelsohn London Office King & Wood Mallesons 

Foreign investors seeking acquisition or business expansion opportunities in the UK must, with effect from 11 November 2020, be mindful of new government measures to review such transactions in certain circumstances. The legislative position on FDI in the UK has now been overhauled following the Governments’ publishing of the National Security and Investment Bill 2020 (the “Bill”) for a second reading in Parliament.
Continue Reading Cross border M&A comment | New UK government review powers over foreign direct investment

The Australian Treasurer has announced major reforms to Australia’s foreign investment regime.  On the one hand there is some welcome relief and greater regulatory clarity for investment in sensitive sectors and on the other hand, the introduction of a national security test, stronger enforcement powers, greater compliance monitoring and harsher penalties.
Continue Reading Major reforms to Australia’s foreign investment in 2021

By:King&Wood Mallesons

Investment environment in Germany

Germany is one of the world’s most attractive investment destination due to being

  • located in the center of Europe;
  • the fourth-largest economy as well as the second-largest exporter and third-largest importer in the world;
  • an increasingly close trade partner;
  • one of the most technologically advanced countries.

Continue Reading Doing Business in Germany (1) – The big picture

On 30 June 2019, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”) jointly issued the Special Administrative Measures (Negative List) for Foreign Investment Access (2019 Edition) (“2019 Negative List”), the Special Administrative Measures (Negative List) for Foreign Investment Access in Pilot Free Trade Zones (2019 Edition) (“2019 FTZ Negative List”) and the Catalogue of Encouraged Industries for Foreign Investment (2019 Edition) (“2019 Encouraged Catalogue”) for the purposes of further promoting the reform and opening-up of the service industry, relaxing the restrictions on the access to the mining, agricultural and manufacturing industries, and continuing to facilitate Free Trade Zones’ role of the opening-up test field . These new policies will take effect on and from 30 July 2019.
Continue Reading Foreign Investment in China CBM Industry – Restrictions Removed

According to the “2018 A.T. Kearney Foreign Direct Investment Confidence Index” (the “FDI Index”), an annual survey which tracks a country’s attractiveness for FDI, Germany is 3rd globally and tops the list of European countries. Despite tightening regulations, Germany remains appealing to foreign investors due to its increasing GDP growth rate and diverse economy.
Continue Reading Winds of change in foreign direct investment control in Europe and the Middle East (3) -Germany