The Chinese State Council publishes a circular on establishing a mechanism of a security review of mergers and acquisitions of domestic enterprises by foreign investors

On February 3, 2011, the PRC State Council (the “State Council”) promulgated the long awaited Circular on the Establishment of Security Review Mechanisms for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《国务院办公厅关于建立外 国投资 者并购境内企业安全审查制度的通知》) (the “State Council SR Circular”), which took effect on March 5, 2011. As a follow up to the State Council SR Circular, the Ministry of Commerce (“MOFCOM”) issued the Interim Provisions on Issues Related to the Implementation of the Security Review Mechanisms for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《商务部实施外国投资者并购 境内 企业安全审查制度有关事项的暂行规定》) (the “Interim SR Rules”) on March 4, 2011. I. SUMMARY AND BACKGROUND In summary, under the State Council SR Circular, the National Development and Reform Commission (“NDRC”) and MOFCOM, along

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Authors

  • Pillsbury Winthrop Shaw Pittman (Shanghai)
  • Pillsbury Winthrop Shaw Pittman (Beijing)

Quotation

Jenny Sheng, David A. Livdahl, The Chinese State Council publishes a circular on establishing a mechanism of a security review of mergers and acquisitions of domestic enterprises by foreign investors, 5 March 2011, e-Competitions Foreign Investment, Art. N° 74799

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