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Thread: Measures for Administration of Strategic Investments of Foreign Investors inListed Companies
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[quote=JIMMYB,250304]Article 13 Foreign companies that meet the requirements of Article 6 of these measures (“parent companies”) may make strategic investment through their branch companies abroad under their ownership (“investors”). Besides the investors submit the materials listed in Article 12 of these measures, the investors shall submit irrevocable commitment letter that the parent companies bear joint liability for the investment activities of the investors to the Ministry of Commerce. Article 14 An investor shall open a foreign exchange account within 15 days from the day of principle reply of the Ministry of Commerce according to the relevant provisions on foreign investment and merger. For the foreign exchange capital remitted from overseas by an investor for the use of strategic investment, the investor shall, in accordance with the relevant provisions on foreign exchange control, open a special foreign exchange account (of the category of merger) for the use of foreign investor at the foreign exchange administration at the place of registration of the listed company, the formalities for settlement of foreign exchange on the capital within the account and the write-off of the account shall be handled in accordance with the relevant provisions on foreign exchange control. Article 15 An investor may go may go through corresponding formalities in securities registration and settlement organs by the approval documents the Ministry of Commerce to the investors’ investment in the listed companies and effective credentials. As for the non-circulation shares the investors had before the Reform of Tax Incentives Regarding Non-tradable Shares or before the listed companies first public issue, the securities registration and settlement organs may open a securities account for them according to the investor’s application. The securities registration and settlement organs shall formulate corresponding regulations in accordance with these measures. [/quote]
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