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New PRC regulations may streamline use of equity incentive plans by local affiliates of foreign-listed companies
- Kaye Scholer LLP
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- China
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- June 13 2012
On February 15, 2012, SAFE issued the Circular on Issues Related to Foreign Exchange Administration Regarding Domestic Individuals’ Participation in Equity Incentive Plans of Companies Listed Abroad (the “Circular”), which effectively replaces previous regulations (collectively, the “Previous Regulations”) promulgated in 2007 and 2008, governing the same subject matter
China’s top economic planning agency to amend its inbound and outbound investment regulations
- Kaye Scholer LLP
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- China
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- August 28 2012
In August 2012, China's National Development and Reform Commission (NDRC) published, for public review and comments, drafts of two regulations concerning NDRCs verification and approval of inbound and outbound investment projects
MOFCOM's conditional approval of Wal-Mart's acquisition--what does it mean for Wal-Mart and Yihaodian and for the future of the VIE structure?
- Kaye Scholer LLP
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- China
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- September 27 2012
A recent MOFCOM ruling effectively allowing Wal-Mart to take a majority interest in the business of Yihaodian, but explicitly forbidding Wal-Mart from taking control of Yihaodian's value-added telecom business, including through a VIE arrangement, raises questions as to how Wal-Mart may reap synergistic value from the transaction and leaves in limbo the future of the VIE structure as a means to avoid PRC restrictions on foreign ownership in certain industries
PRC Supreme Court clears path for shareholders' VAM
- Kaye Scholer LLP
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- China, Hong Kong
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- January 21 2013
In the past, international private equity (PE) and venture capital (VC) investors could be nervous about the fate of net profit guarantee and other
NDRC issues China’s first state level rule regulating RMB funds nationwide
- Kaye Scholer LLP
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- China
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- March 30 2012
The Notice on Promoting the Standardized Development of Equity Investment Enterprises (the Notice) is the first state level rule to regulate the PE industry nationwide
What the future holds for china’s VIE
- Kaye Scholer LLP
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- China, USA
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- September 25 2012
Two recent and noteworthy events in the US and China cause one to ponder what the future holds for the variable interest entity (VIE), an ingenious creation which, for the past decade, has been widely used to attract eager foreign capital, because it seems to have overcome certain People's Republic of China (PRC) regulatory hurdles facing foreign investors while cleverly using US and international accounting standards that would inject financial life in to offshore companies even though such offshore companies do not own an equity stake in the Chinese operations
New opportunity for foreign asset managers to tap RMB investors’ appetite for international capital markets?
- Kaye Scholer LLP
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- China
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- July 17 2012
The Shanghai government is reportedly taking an initiative, called “Qualified Domestic Limited Partner” (QDLP), to allow foreign asset managers to set up wholly owned subsidiaries in China to raise RMB funds through private placement for investment in international capital markets
Current Search
- Jurisdiction - China
- Workarea - Corporate Finance/M&A
- Author - Yingxi Fu-Tomlinson