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

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[quote=JIMMYB,250305]Article 16 An investor shall start strategic investment activities within 15 days at the date of settlement of exchange, and finish strategic investment within 180 days at the date of principle reply. 
If an investor could not finish strategic investment according to strategic investment plan within the time limited, the principle reply from the examination and approval authority shall lose efficacy automatically. The investor shall buy the exchange and remit the funds (RMB) obtained after settlement of exchange out of China with the approval of Foreign Exchange Bureau within 45 days at the date of the principle reply 
Article 17 After completing a strategic investment, the listed company shall obtain the approval certificate for foreign merchants invested enterprises in the Ministry of Commerce within 10 days by following materials: 
1. application letter; 
2. principle reply letter of the Ministry of Commerce; 
3. certificate for share holding provided by securities registration and settlement organs; 
4. business license of the listed companies and the credentials of legal representative; and 
5. rules of the listed companies. 
The Ministry of Commerce shall issue the approval certificate for foreign merchants invested enterprises within 5 days at the receipt of above materials, and give the indication of “foreign merchants invested joint stock company (merger of A Share). 
If an investor obtains 25 percent or more shares of the single listed company and commits the share holding no less than 25 per cent within 10 years, the Ministry of Commerce shall give a indication of “foreign merchants invested joint stock company (merger of A shares of 25% or more)” in the issued approval certificate. 
Article 18 A listed company shall, within 30 days from the day of issuance of the certificate of approval for a foreign-funded enterprise, apply for handling alteration registration on the type of company to the administrative department of industry and commerce, and submit the following documents: 
1. application letter for alternation signed by legal representative of the companies; 
2. approval certificate for foreign merchants invested enterprises; 
3. share holding certificate provided by securities registration and settlement organs; 
4. certificate for the investors opening business legally with a notary and attestation; and 
5. other materials stipulated by State Administration for Industry & Commerce. 
For the change that is examined and approved, the industrial and commercial administrations shall write down the words “foreign merchants invested joint stock company (merger of A Share) in the column of business license type. If the investors obtained 25 percent or more shares of the listed companies in their strategic investment and promise to hold shares no less than 25 per cent within 10 years, “foreign merchants invested joint stock companies (merger of Share 25 per cent or more)” shall be remarked. 
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