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.


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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.
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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.
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In 1990, when the Cold War came to an end, the German rock band The Scorpions sang “The world is closing in, did you ever think, that we could be so close, like brothers?” echoing the spirit of globalization in their rock ballad “Wind of Change”. Europe has since then been a place proud of its openness to foreign investment.
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By Mark Schaub King & Wood Mallesons’ Corporate group

Why is China Relevant for International Companies?

China will be too big for international autonomous car suppliers and service providers to ignore. Biggest automotive market, continued strong growth, right infrastructure, ability for government to implement, early adopter consumers, popularity of car sharing and sharing economy, new and innovative companies on the rise all point to China being pivotal to the development of autonomous cars.
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By Stanley Zhou and Andrew Fei King & Wood Mallesons’ Finance & Capital Markets group

The Chinese government has announced that it will ease or remove restrictions on foreign ownership of Chinese securities and futures firms, fund managers, commercial banks, financial asset managers, life insurers and certain other financial institutions.  Subject to certain transition periods, these changes will allow foreign investors to own a majority and eventually a 100% stake in many types of Chinese financial institutions.  The announcement therefore represents one of the most significant steps China has taken to further open up the financial sector in the world’s 2nd largest economy. 
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By Song Ruiqiu and Lou Xiaohan King & Wood Mallesons’ Finance & Capital Markets group.

Middle Huaihai Road in Shanghai is home to a stately piece of architecture a well-known foreign owned Shanghai Redleaf International Women & Children’s Hospital (“Redleaf”). Incorporated on 9 December 2011, Redleaf had been operating from Middle Huaihai Road for over four years. As a hospital with high-end positioning, excellent medical staff, luxurious facilities, and quality services, Redleaf had attracted clients from all over the world. However, on 31 August 2017, Redleaf made a sudden announcement that it would be relocating its services to a different location at the request of the government.[1] The move that followed, happened almost overnight and, no doubt, brought with it significant consequences for the hospital, and its staff and patients.
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By Wu Ye and Luo Yi King & Wood Mallesons’ Corporate & Securities group

On 30 July 2017, a beautiful sunny Sunday in midsummer, without expectation the Ministry of Commerce (“MOFCOM”) issued two documents relating to foreign investment in China[1]. This was only two months after MOFCOM released draft measures.[2]

The inclusion in the record-filing system of foreign mergers and acquisitions  not involving special access administrative measures (negative list) and related-party M&A signals that foreign investment in China has entered an era known as the “Pre-establishment National Treatment (PENT) and negative list”.
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By Andrew Fei King & Wood Mallesons’ sydney office

On 18 August 2017, as part of the Chinese government’s ongoing efforts to regulate overseas investments by Chinese companies, China’s State Council published a set of investment guidelines (Guidelines) formulated by four key regulators – the National Development and Reform Commission, Ministry of Commerce, People’s Bank of China and Ministry of Foreign Affairs (collectively, PRC Regulators).
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