Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents
Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents
[Lexis China Comments]
According to the Administrative Measures for Strategic Investment by Foreign Investors in Listed Companies (Order of the Ministry of Commerce; China Securities Regulatory Commission; State-owned Assets Supervision and Administration Commission of the State Council; State Taxation Administration; State Administration for Market Regulation; State Administration of Foreign Exchange [2024] No. 3), the Administrative Measures for Strategic Investment by Foreign Investors in Listed Companies as specified in this document has been repealed.
Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents
Order of the Ministry of Commerce [2015] No.2
October 28, 2015
The Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents (hereinafter referred to as the "Decision"), deliberated and adopted at the 55th executive meeting of the Ministry of Commerce on August 17, 2015, and approved upon consultation with the Ministry of Science and Technology, the Ministry of Public Security, the Ministry of Land and Resources, the Ministry of Housing and Urban-rural Development, the General Administration of Customs, the State Administration of Taxation, the State Administration for Industry and Commerce, the State Administration of Work Safety, the China Food and Drug Administration, the China Securities Regulatory Commission, the State Administration of Foreign Exchange and other departments, is hereby promulgated for implementation as of the date of promulgation.
Gao Hucheng, Minister
Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents
In order to push forward the reform of the registered capital registration system and the transformation of government functions, promote the facilitation of the business registration system, effectively optimize the business environment, and further stimulate market vitality and development power, the Ministry of Commerce has sorted out the regulations and normative documents involving the reform of the registered capital registration system according to the requirements raised in the Circular of the State Council on Issuing the Reform Scheme for the Registered Capital Registration System (Guo Fa [2014] No.7) (hereinafter referred to as the "Circular No.7") and the Circular of the General Office of the State Council on Speeding up the Implementation of Matters relating to the Reform of the Registered Capital Registration System (Guo Ban Han [2015] No.14) (hereinafter referred to as the "Circular No.14"). Through the sorting-out, the Ministry of Commerce decides to revise some provisions of 29 existing regulations and normative documents.
I. Interim Provisions on Several Issues concerning the Establishment of Foreign-invested Joint Stock Companies (Order of the Ministry of Foreign Trade and Economic Cooperation [1995] No.1)
Article 7 shall be deleted.
The line "For transfers of shares subscribed by shareholders, the conditions set in Article 7 must be satisfied" in Article 8 shall be deleted.
The line "The initiators shall, within 90 days from the date of issuance of the establishment approval, pay up their subscribed shares in a lump sum" in Article 13 shall be deleted.
Paragraph 1 of Article 14 shall be revised to read: "For a company set up by means of initiation, after the election of the board of directors and the broad of supervisors of the company by the initiators, the board of directors shall submit documents including the company's establishment approval and articles of associations to the company registration authority in an application for incorporation registration."
The part "and the full payment of their subscribed shares" in Article 16 shall be deleted.
The part "and the full payment of their subscribed shares" in Article 19 shall be deleted.
II. Interim Provisions on the Investment of Foreign-invested Companies in China (Order of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce [2000] No.6)
Item 1 of Article 5 shall be deleted.
Article 6 shall be deleted.
Item 3 of Article 7 shall be deleted.
III. Provisions on the Merger and Division of Foreign-invested Enterprises (Order of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce [2001] No.8)
Article 9 shall be deleted.
Item 5, Paragraph 2 of Article 20 shall be deleted.
Item 6, Paragraph 1 of Article 23 shall be deleted.
IV.
......
According to the Administrative Measures for Strategic Investment by Foreign Investors in Listed Companies (Order of the Ministry of Commerce; China Securities Regulatory Commission; State-owned Assets Supervision and Administration Commission of the State Council; State Taxation Administration; State Administration for Market Regulation; State Administration of Foreign Exchange [2024] No. 3), the Administrative Measures for Strategic Investment by Foreign Investors in Listed Companies as specified in this document has been repealed.
Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents
Order of the Ministry of Commerce [2015] No.2
October 28, 2015
The Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents (hereinafter referred to as the "Decision"), deliberated and adopted at the 55th executive meeting of the Ministry of Commerce on August 17, 2015, and approved upon consultation with the Ministry of Science and Technology, the Ministry of Public Security, the Ministry of Land and Resources, the Ministry of Housing and Urban-rural Development, the General Administration of Customs, the State Administration of Taxation, the State Administration for Industry and Commerce, the State Administration of Work Safety, the China Food and Drug Administration, the China Securities Regulatory Commission, the State Administration of Foreign Exchange and other departments, is hereby promulgated for implementation as of the date of promulgation.
Gao Hucheng, Minister
Decision of the Ministry of Commerce on Revising Some Regulations and Normative Documents
In order to push forward the reform of the registered capital registration system and the transformation of government functions, promote the facilitation of the business registration system, effectively optimize the business environment, and further stimulate market vitality and development power, the Ministry of Commerce has sorted out the regulations and normative documents involving the reform of the registered capital registration system according to the requirements raised in the Circular of the State Council on Issuing the Reform Scheme for the Registered Capital Registration System (Guo Fa [2014] No.7) (hereinafter referred to as the "Circular No.7") and the Circular of the General Office of the State Council on Speeding up the Implementation of Matters relating to the Reform of the Registered Capital Registration System (Guo Ban Han [2015] No.14) (hereinafter referred to as the "Circular No.14"). Through the sorting-out, the Ministry of Commerce decides to revise some provisions of 29 existing regulations and normative documents.
I. Interim Provisions on Several Issues concerning the Establishment of Foreign-invested Joint Stock Companies (Order of the Ministry of Foreign Trade and Economic Cooperation [1995] No.1)
Article 7 shall be deleted.
The line "For transfers of shares subscribed by shareholders, the conditions set in Article 7 must be satisfied" in Article 8 shall be deleted.
The line "The initiators shall, within 90 days from the date of issuance of the establishment approval, pay up their subscribed shares in a lump sum" in Article 13 shall be deleted.
Paragraph 1 of Article 14 shall be revised to read: "For a company set up by means of initiation, after the election of the board of directors and the broad of supervisors of the company by the initiators, the board of directors shall submit documents including the company's establishment approval and articles of associations to the company registration authority in an application for incorporation registration."
The part "and the full payment of their subscribed shares" in Article 16 shall be deleted.
The part "and the full payment of their subscribed shares" in Article 19 shall be deleted.
II. Interim Provisions on the Investment of Foreign-invested Companies in China (Order of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce [2000] No.6)
Item 1 of Article 5 shall be deleted.
Article 6 shall be deleted.
Item 3 of Article 7 shall be deleted.
III. Provisions on the Merger and Division of Foreign-invested Enterprises (Order of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce [2001] No.8)
Article 9 shall be deleted.
Item 5, Paragraph 2 of Article 20 shall be deleted.
Item 6, Paragraph 1 of Article 23 shall be deleted.
IV.
......