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Thread: Measures for Administration of Strategic Investments of Foreign Investors inListed Companies

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[quote=JIMMYB,250303]Article 9 If a investor plans to control the listed company in the form of transferring agreement, they shall submit purchasing report of the listed company and corresponding documents to China Securities Regulatory Commission after obtaining the approval in accordance with the procedure stipulated in Article 8 (1), (2), (3) and (4), handle transference confirmation formalities in stock exchange and apply for transference registration formalities in bond registration and settlement organs after examined to be no opposition by China Securities Regulatory Commission. After that, everything is handled in accordance with Article 8 (6). 
Article 10 An investor shall, when making strategic investment in listed companies, fulfill its obligations of report, announcement, and other statutory obligations in accordance with the Securities Law and the relevant provisions of China Securities Regulatory Commission. 
Article 11 If an investor makes strategic investment again to the listed company in which the investor has the shares already, it shall handle it in accordance with the forms and procedures stipulated in these measures. 
Article 12 A listed company or an investor shall submit following materials to the Ministry of Commerce: 
1. application letter for strategic investment (see appendix 1 for the pattern); 
2. plan for strategic investment (see appendix 2 for the pattern); 
3. contract for directional issuance or share transferring agreement; 
4. comments letter of recommendation organs (relating to directional issue) or legal suggestion letter; 
5. commitment letter of investors for holding shares incessantly; 
6. statements of the investor on its having no records of grave punishment by any regulatory institution both home and abroad within three years, and statements on whether it has any other record of non-grave penalties; 
7. the registration certificate of the investor that has been notarized and certified according to law, and the identity certificate of the legal representative (or the authorized representative); 
8. balance sheet audited by certified accountant in recent three years; 
9. the materials submitted in accordance with the provisions of above (1), (2), (3), (5) and (6) shall be signed by the legal representative of the investors or his authorized representative, for the materials signed by authorized representatives, the authorization letter signed by legal representative and corresponding notarized or authenticated documents shall be submitted; and 
10. other documents stipulated by the Ministry of Commerce. 
As for all materials listed in above sections except for Item 7 and 8, the original material in Chinese version shall be submitted. The original document and Chinese translation version of the materials listed in Item 8 shall be submitted. 
The Ministry of Commerce shall give principle reply within 30 days at receipt of above materials, the period of validity for principle reply is 180 days. 
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