MOFCOM Introduces Amendments to the Interim Administrative Measures for the Record-filing of the Incorporation and Change of Foreign-invested Enterprises

Release time：2017.07.31

Recently, the Ministry of Commerce ("MOFCOM") has distributed the Decision on Amending the Interim Administrative Measures for the Record-filing of the Incorporation and Change of Foreign-invested Enterprises (the "Decision") and the Announcement on Relevant Matters concerning the Administration of the Record-filing of the Incorporation and Change of Foreign-invested Enterprises. The Decision becomes effective as of the issuance date.
The Decision clearly states that where the strategic investment made by a foreign investor in a non-foreign-invested listed company falls under the scope prescribed in the Measures for record-filing, the relevant party should go through formalities to file a record by filling out the Establishment Reporting Form within 30 days before or after the registration of securities with the securities depository and clearing agency. Where the strategic investment introduced by a foreign-invested pubic corporation from a new foreign investor falls under the scope for record-filing, the relevant party should go through formalities to change the record previously filed by filling out the Change Reporting Form within 30 days before or after the registration of securities with the securities depository and clearing agency. Once the record-filing is completed, formalities should be handled to update the filed record within five days from the date in which the obligor for information disclosure fulfills its obligation to disclose information as required under the Securities Law and relevant provisions, provided that there is any change to the information filed in the record for the strategic investment.

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