5 June, 2012
Legal News & Analysis – Asia Pacific – China – Regulatory & Compliance
On May 7, 2012, the Ministry of Commerce (“MOFCOM“) issued the Notice on Improving the Filing Administration of Foreign Invested Venture Capital Enterprises (“FIVCs“). Under the notice, MOFCOM requires provincial level commerce authorities to forward the details of FIVCs approved by them to MOFCOM by May 31 of each year for recording. MOFCOM will publish and update on its website a list of FIVCs that have completed the filing procedure (the “FIVCs List“). FIVCs that are not included in the FIVCs List will be prohibited to carry out domestic investment activities in China and local commerce authorities shall not handle any formalities for their changes. In addition, the notice requires that local commerce authorities, based on the information included in the FIVCs List, complete filing procedures by the listed FIVCs for their investments in encouraged and permitted industries, and issue foreign investment enterprise certificates to the investee companies within 5 working days after acceptance of related filing documents from the FIVCs.
For further information, please contact:
Elizabeth Cole, Partner, Orrick
Thomas Man, Partner, Orrick
Brad Herrold, Orrick
Veronica Lockyer, Orrick
Yan Zeng, Orrick