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Utilising British Virgin Islands and Cayman Islands entities for private equity investment into China

  • Ogier
  • -
  • British Virgin Islands, Cayman Islands, China
  • -
  • May 22 2009

As offshore legal counsel based in Hong Kong, we commonly deal with the book ends of inbound private equity investment into the People’s Republic of China (“PRC”), that being, the initial establishment of the offshore investment fund structure, typically structured as a limited partnership and domiciled in either the Cayman Islands or British Virgin Islands (the “PE Fund”) at one end, and at the other, investments made by PE Fund’s in certain offshore target entities (“Offshore Target”), indirectly holding strategic PRC assets which are subject to such acquisition

Operating procedures clarifying equity finance and return investments by domestic residents through offshore special purpose vehicles

  • Hogan Lovells
  • -
  • China
  • -
  • July 11 2007

On May 29, 2007, the General Affairs Department of the State Administration of Foreign Exchange (SAFE) published an operating procedure for the Circular on Foreign Exchange Issues Related to Equity Finance and Return Investments by Domestic Residents through Offshore Special Purpose Vehicles (“Hui Zong Fa 2007 No. 106”) which effectively stopped the implementation of Schedules 6 and 7 of Hui Zong Fa 2005 No. 124 and clarified the relevant issues in the implementation and application of Circular No. 75

New PRC tax treatment for disposal of offshore intermediate holding companies

  • Squire Sanders
  • -
  • China
  • -
  • January 12 2009

Offshore holding companies have been widely used by investors from outside the PRC to structure their investments in China, especially if the investor intends to dispose of its China interests in the near future

Ministry of Finance announces increased scrutiny of offshore indirect transfers

  • Winston & Strawn LLP
  • -
  • China
  • -
  • March 12 2010

On December 10, 2009, the Chinese Ministry of Finance ("MOF") Tax Policy Department announced a new international tax enforcement initiative targeting offshore indirect transfers of Chinese equity interests

Offshore equity transactions: implications of recent changes to corporate tax law in China

  • Ogier
  • -
  • China
  • -
  • April 9 2010

The Chinese State Administration of Taxation (“SAT”) issued Circular 2009 No. 698 (“Circular 698”) on 10 December 2009

New regulation of China Tax Bureau on collection of taxes due to offshore equity interest transfers by non-resident enterprises

  • Dorsey & Whitney LLP
  • -
  • China
  • -
  • February 12 2010

In 2009, income taxes collected from non-resident enterprises (defined in the Enterprise Income Tax Law of China as “an enterprise incorporated in a foreign country or region with its actual management organization located outside China”) reached Renminbi 41.611 billion, a 55 increase in comparison with 2008

China allows foreign direct investments in RMB

  • De Brauw Blackstone Westbroek
  • -
  • China
  • -
  • October 27 2011

Foreign companies that hold RMB deposits outside of China can now use those offshore RMB amounts for foreign direct investments into China

Further guidance on investing in China with offshore RMB funds

  • Baker & McKenzie
  • -
  • China
  • -
  • October 31 2011

On 12 October 2011, the PRC Ministry of Commerce announced further detailed rules for foreign investors to use their offshore RMB funds to invest in China under the 16-articled Notice of the Ministry of Commerce on Issues relating to Cross-border RMB Direct Investment (Shang Zi Han 2011 No. 889

China relaxes rules relating to repatriation of offshore Renminbi

  • Herbert Smith Freehills LLP
  • -
  • China
  • -
  • October 24 2011

The People's Bank of China promulgated the Administrative Measures for Conducting Foreign Direct Investments in Renminbi on 13 October 2011 ("New Regime"

Circular on ratifying balance quotas for granting security or guarantee by domestic banks in favour of offshore entities

  • White & Case LLP
  • -
  • China
  • -
  • September 21 2011

On August 16, 2011, the State Administration of Foreign Exchange of the People’s Republic of China (“SAFE”) issued the Circular on Relevant Issues Concerning the Ratification of the Quotas Balance for Granting Foreign Security by Domestic Banks in 2011 (the “ Circular”

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