Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to im...Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to imperfection of and conflicts among laws and regulations as well as misunderstanding of the above system, it is always difficult for judges to determine the validity of such equity transfer agreement under the administrative approval system. Among the three categories of FIEs provided in Chinese law 1, scholars have had a comprehensive discussion over equity transfer agreement involving Sino-Foreign Equity Joint Venture Enterprises, but this case is concerned with the equity transfer agreement of a Chinese-Foreign contractual joint venture. In this case, the People's Supreme Court holds that the equity transfer agreement that has not undergone the approval procedures are not valid but not void. Furthermore, the parties that are bound to submit the agreement to the approval authority shall perform their duties of this kind.展开更多
1. On Chinese-foreign joint (co-operative) ventures(1) The conclusion of the letter ofintent on joint investment (co-operation) bythe Chinese and foreign parties.(2) New construction projects shall besubmitted to the ...1. On Chinese-foreign joint (co-operative) ventures(1) The conclusion of the letter ofintent on joint investment (co-operation) bythe Chinese and foreign parties.(2) New construction projects shall besubmitted to the provincial PlanningCommission for ratification; technicalinnovation projects shall be submitted to theProvincial Economic Commission forratification.(3) The contracting parties shall register thename of the joint venture with the provincialAdministration for Industry and Commerce.展开更多
If you are representing a foreign-funded institution in setting up a foreign-funded bank or financial company in Shanghai, you should have a representative agency already established within the boundaries of China for...If you are representing a foreign-funded institution in setting up a foreign-funded bank or financial company in Shanghai, you should have a representative agency already established within the boundaries of China for more than two years, and general assets at the end of the previous year should not be less than US $ 10 billion. The country or region you are residing in should have展开更多
文摘Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to imperfection of and conflicts among laws and regulations as well as misunderstanding of the above system, it is always difficult for judges to determine the validity of such equity transfer agreement under the administrative approval system. Among the three categories of FIEs provided in Chinese law 1, scholars have had a comprehensive discussion over equity transfer agreement involving Sino-Foreign Equity Joint Venture Enterprises, but this case is concerned with the equity transfer agreement of a Chinese-Foreign contractual joint venture. In this case, the People's Supreme Court holds that the equity transfer agreement that has not undergone the approval procedures are not valid but not void. Furthermore, the parties that are bound to submit the agreement to the approval authority shall perform their duties of this kind.
文摘1. On Chinese-foreign joint (co-operative) ventures(1) The conclusion of the letter ofintent on joint investment (co-operation) bythe Chinese and foreign parties.(2) New construction projects shall besubmitted to the provincial PlanningCommission for ratification; technicalinnovation projects shall be submitted to theProvincial Economic Commission forratification.(3) The contracting parties shall register thename of the joint venture with the provincialAdministration for Industry and Commerce.
文摘If you are representing a foreign-funded institution in setting up a foreign-funded bank or financial company in Shanghai, you should have a representative agency already established within the boundaries of China for more than two years, and general assets at the end of the previous year should not be less than US $ 10 billion. The country or region you are residing in should have
