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Thread: Measures for Administration of Strategic Investments of Foreign Investors inListed Companies
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[quote=JIMMYB,250307]Article 22 In case an investor reduces its shares, which makes the foreign capital share of a listed company less than 25%, the listed company shall go through alteration registration at the industrial and commercial administration within 30 days from the day when the certificate of approval for foreign-funded enterprises is altered, and the industrial and commercial administration shall change the enterprise type in the business license into “foreign-funded joint stock company (merger of A shares)”. The listed company shall go through registration on foreign exchange alteration at the administrative department of foreign exchange within 30 days from the day when the business license is altered, and the administrative department of foreign exchange shall note “foreign-funded joint stock company (merger of A shares)” in the foreign exchange registration certificate. In case an investor reduces its shares, which makes the foreign capital share of a listed company less than 10%, and the investor is not a single largest shareholder, the listed company shall go through alteration registration at the industrial and commercial administration within 30 days from the day when the certificate of approval for foreign-funded enterprises is written off, and the enterprise type shall be altered into a joint stock company. The listed company shall go through formalities for the cancellation of the registration at the administrative department of foreign exchange within 30 days from the day when the business license is altered. Article 23 As for the parent companies making strategic investment through their branch companies outside of China owned exclusively and having finished he investment, the parent companies shall report to the Ministry of Commerce before they transfer above branch companies outside of China, and make an application in accordance with the procedures listed in these measures. New assignee shall also meet the requirements stipulated by these measures, bearing the whole rights and duties of the parent companies and their branch companies in the listed companies, and submit report and announcement to China Securities Regulatory Commission and perform other legal duties. [/quote]
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