Negative List

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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”.
Continue Reading What Will Become of Foreign Investment in China under the new Record-filing System?

By Huang Jianwen King & Wood Mallesons’ Commercial & Regulatory group

The Catalogue for the Guidance of Foreign Investment Industries (2017 Revision) (the “2017 Catalogue“) was issued by the National Development and Reform Commission and the Ministry of Commerce on 28 June 2017. It will come into force on 28 July 2017 and the Catalogue for the Guidance of Foreign Investment Industries (2015 Revision) (the “2015 Catalogue“) will be abolished therefrom.
Continue Reading The New “Negative List”for Foreign Investment