The Chinese State Administration for Market Regulation accepts the first merger filing involving a variable interest entity structure (Shanghai Mingcha Zhegang / Huansheng Information Technology)

Liu, Cheng; Bi, Yun; Liu, Jeffrey

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20 Apr 2020

The Chinese State Administration for Market Regulation accepts the first merger filing involving a variable interest entity structure (Shanghai Mingcha Zhegang / Huansheng Information Technology)

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Reference

Chinese State Administration for Market Regulation, Shanghai Mingcha Zhegang / Huansheng Information Technology, Press Release, 20 April 2020 (Chinese)

Preamble On 20 April 2020, China’s State Administration for Market Regulation ("SAMR") formally accepted a filing for the Establishment of a Joint Venture between Shanghai Mingcha Zhegang Management Consulting Co., Ltd. (“SMZ”) and Huansheng Information Technology (Shanghai) Co., Ltd. ("SMZ Case"). This is the first time that SAMR formally accepted a transaction involving a VIE structure. This article reviews the dilemma in merger filings involving a VIE structure in China and its origins, discusses possible changes of SAMR’s attitudes towards the VIE issue and the issues yet to be clarified. Companies are recommended to re-assess carefully their future merger filing strategies in China when facing VIE issues, and the impact on their transactions. 1. Reviewing the Current Status: “VIE

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Authors

Cheng Liu
King & Wood Mallesons (Beijing)

China 18 contributions 4418 visits
Yun Bi
Shihui Partners (Beijing)

China 2 contributions 316 visits
Jeffrey Liu
King & Wood Mallesons (Beijing)

China 2 contributions 316 visits

Quotation

Cheng Liu, Yun Bi, Jeffrey Liu, The Chinese State Administration for Market Regulation accepts the first merger filing involving a variable interest entity structure (Shanghai Mingcha Zhegang / Huansheng Information Technology), 20 April 2020, e-Competitions Mergers & Joint ventures, Art. N° 95302

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