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By King & Wood Mallesons’ Finance Group

In May 2010, the State Council issued the Opinions on Encouraging and Guiding the Healthy Development of Private Investment (Guo Fa [2010] No.13) to promote private investment activities . In order to solve the difficulties faced by private companies in terms of overseas financing and the lack of liquidity, and to simplify the foreign exchange control policies for outbound investment activities by private companies, SAFE released new rules on private outbound investments, the Circular of State Administration of Foreign Exchange on Foreign Exchange Administration in Relation to Encouraging and Guiding the Healthy Development of Private Investment (Hui Fa [2012] No.33) (the “Circular”) on 11 June 2012. The Circular simplifies the regulation processes for the remittance of foreign direct investment capital as well as offshore loans[1]  granted by domestic enterprises and relaxes the administration of  external security provided by individuals.

The Circular’s main content includes:Continue Reading Safe New Rules to Boost Private Outbound Investment

作者：金杜律师事务所融资组

自2010年5月7日国务院发布《关于鼓励和引导民间投资健康发展的若干意见》（国发[2010]13号）以来，民间投资业务获得了进一步发展。为了解决企业在境外融资难及流动资金不足的问题，简化民间投资相关外汇管理政策，鼓励和引导民间资本境外投资的健康发展，国家外汇管理局于2012年6月11日颁布了《国家外汇管理局关于鼓励和引导民间投资健康发展有关外汇管理问题的通知》（汇发[2012]33号）（简称“通知”）。该通知简化了境外直接投资资金汇回及境外放款的监管程序，并适当地放宽了境内个人对外担保的管理。
   
《通知》的主要内容包括：Continue Reading 外管局新规则助力民间境外投资进一步发展

On June 9, 2009, the State Administration for Foreign Exchange (“SAFE”) issued the Notice on Certain Issues Relating to Foreign Exchange Administration on Offshore Lending by Domestic Enterprises (the “Notice”) effective as of August 1, 2009, in an effort to deal with the difficulties faced by offshore Chinese-funded enterprises that have “gone abroad” in obtaining financing offshore and increasing working capital, to encourage more domestic enterprises with strong capital strength to “go abroad”, and to enhance the use of funds by domestic enterprises.
 

King & Wood’s Finance Group

 Continue Reading SAFE Circular to Improve Forex Administration on Offshore Lending

From 2003-2007, over US$100 billion poured into China via offshore structures in tax havens like the Cayman Islands. Much came from global institutional investors who tasked alternative investment managers with allocating a percentage of their portfolios to high-yield opportunity funds, emerging markets and real estate.

Everyone wanted a piece of the “China Dream,” but in recent months they have woken up to deteriorating economic conditions. Institutional investors are forcing redemptions of their investments from high-yield, high-risk markets.

Jack Rodman, Senior Advisor to King & Wood\‘s International Debt/Restructuring Practice

Summarized from Mr. Rodman’s article for China Economic Review, May 2009.Continue Reading The Best of a Bad Deal