In October 2006, about one month after the issuance of the Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (??????????????, the “M&A Rules”) took effect, the Beijing Administration for Industry and Commerce issued the One-time Official Notice (the “Notice”) on the Registration of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (the “M&A Registration”) and Registration of Modification from Foreign Invested Enterprises (“FIE”) to Domestic Enterprises (the “Modification Registration”). The Notice is intended to provide details describing registration procedure. It has highlighted the following points:
- Besides submitting the application, the Notice provides other means of filing such as mailing, fax, telegram, and e-mail, etc. However when submitting registration through such kind of aforementioned means, standard forms provided by BAIC shall be used and the complete and accurate contact information of the applicant or the agent shall be provided. Application materials submitted by letters shall be original with real and authentic signatures and seals.
- The Notice provides general information about registrations such as period of examination, registration jurisdiction, charges, and the basic steps for the registration. According to different types of mergers and acquisitions, it specifies relevant documents and certificates that should be submitted to the registration authorities.