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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

Recent developments for the fourth quarter 2011

Baker & McKenzie
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Canada, China, Denmark, European Union, France, Germany, Ireland, Italy, Japan, Netherlands, Switzerland, United Kingdom, USA
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March 15 2012

The end of the year and beginning of a new year is always a busy time for us, as it is for most of our clients

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

Ogier
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British Virgin Islands, Cayman Islands, China
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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
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China
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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

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What the future holds for china’s VIE

Recent developments for the fourth quarter 2011

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

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

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