结合近年来我们处理的大量基金纠纷,推出基金争议解决系列文章。本系列着笔于合伙型和契约型基金在募、投、管、退全流程的争议解决和风险防范,涉猎的主题主要包括:
Continue Reading 基金争议解决(一):有限合伙人的有限责任可以突破吗?
Fund
The AIFMD’s “third country passport”
By Nathalie Duguay, Tim Dolan, Ed Hall and Christian Schatz, King & Wood Mallesons
The still-controversial Alternative Investment Fund Managers Directive (AIFMD) regulates private equity and hedge fund managers that operate within the EU, and offers one significant advantage to anyone who becomes fully authorised and complies with its demanding rulebook: a “passport”…
New era for International Funds to invest in China
By Jingjing Jiang and Miao Wang, King & Wood Mallesons’ Hong Kong office.
On September 3, 2016, the Standing Committee of the National People’s Congress of the PRC promulgated the “Decision regarding the Amendment of the Four Statutes Including the ‘Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises’” (“Decision”). The…
NDRC Reply on RMB Fund with FIE GP
By Zhang Yi, Alan Du and Hu Xia King & Wood Mallesons’ Securities Group Shanghai Office
In the April, 2012, it was reported by various media sources that the National Development Reform Commission (NDRC) had issued certain policies requiring that an RMB fund (the “FIE GP Fund”) with a foreign invested enterprise (FIE) acting as the general partner (the “FIE GP“) and domestic investors (exclusive of FIEs established in China) acting as limited partners be regarded as a foreign investor. Being defined as a foreign investor means that the portfolio investments of such a FIE GP Fund shall be subject to foreign investment approvals, which are read by the public as referring to approvals from the Ministry of Commerce or its local counterparts(MOFCOM).
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Establishing renminbi private equity funds
By: Yi Zhang, King & Wood’s Securities & Capital Markets Group
Introduction
Legislative research on industrial investment funds started in early 2000. Since the official administrative regulations regarding such funds have not yet been publicly released, the government has been concurrently implementing pilot projects and draft administrative regulations on the subject.
During the pilot period, the National Development and Reform Commission (NDRC) drafted the Administrative Regulations on Industrial Investment Funds, later changing the name to the Administrative Regulations on Private Equity Funds in order to make them applicable to the entire private equity fund industry.
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