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NDRC Reply on RMB Fund with FIE GP



by Alan Du
King & Wood - Shanghai Office

Hu Xia King
King & Wood - Shanghai Office

Zhang Yi
King & Wood - Shanghai Office

August 10, 2012

Previously published by China Law Insight on July 2012

In the April, 2012, it was reported by various media sources that the National Development Reform Commission (NDRC) had issued certain policies requiring that an RMB fund (the “FIE GP Fund”) with a foreign invested enterprise (FIE) acting as the general partner (the “FIE GP“) and domestic investors (exclusive of FIEs established in China) acting as limited partners be regarded as a foreign investor. Being defined as a foreign investor means that the portfolio investments of such a FIE GP Fund shall be subject to foreign investment approvals, which are read by the public as referring to approvals from the Ministry of Commerce or its local counterparts(MOFCOM).


 

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