http://www.wsj.com/articles/how-chinas-draft-rules-may-affect-foreign-investors-1422412416
Earlier postings: (1) Proposed Draft Legislation on VIE Structures (Link); (2) US SEC Cautions Companies on Consolidation Analyses Using VIE (Variable Interest Entity) (Link)
How China’s Draft Rules May Affect Foreign Investors; Proposed Rules Target Structure Known as Variable Interest Entity
GILLIAN WONG And JURO OSAWA
Jan. 27, 2015 9:33 p.m. ET
HONG KONG—China’s proposed new rules on foreign investment will help the Chinese government re-exert control over the flood of foreign money and interests coming into the country’s booming Internet industry. That is likely to be a boon for Alibaba Group Holding Ltd. and Chinese Internet companies like it, investors, executives and lawyers say. But for foreign shareholders of those companies as well as Western Internet firms trying to operate in China, the rules could be a double-edged sword, they say.
“The objective, as with everything the Chinese government does, is to maintain control,” said attorney Antony Dapiran, a Hong Kong-based partner at Davis Polk & Wardwell LLP who has advised the kinds of Chinese companies that would be affected by the new rules. Continue reading
