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The following article was published in our article directory on March 10, 2011.
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The foreign investor merges a domestic enterprise shall be submitted to the safety review application

Article Category: Business

Author Name: xia zihui

Where a foreign investor merges a domestic enterprise shall be submitted to the safety review application

The mofcom 7 announced a of the moc implementing a foreign investor merges a domestic enterprise safety review system of the interim provisions on relevant matters. Regulation says foreign investor's merger belongs to the office of the state council on establishing a foreign investor merges a domestic enterprise security censorship, notice of clear m&a safety examination scope of domestic enterprises, should to the mofcom m&a safety review application.

According to the regulation, in to the mofcom m&a safety review before the official application, the applicant may foreign investors the acquisition of domestic enterprises by procedural problems to the mofcom discuss application. Where the applicant has submitted the m&a safety review application documents complete and comply with statutory requirements, the mofcom shall notify the applicant in writing and acceptance of application. Belong to m&a safety examination scope, ministry of commerce within 15 working days inform the applicant in writing, and in subsequent within 5 working days to a foreign investor merges a domestic enterprise safety review BuJi excom meeting for review.

The regulation points out, notify the applicant in writing from the date of receiving the application within 15 working days of, the applicant shall not be implemented acquisitions, the local Commerce Department shall not engage in merger review. 15 working days, mofcom not inform the applicant in writing, the applicant may, in accordance with the relevant state laws and regulations related formalities.

Provisions stressed that a foreign investor merges a domestic enterprise behavior on national security have caused or may have a significant impact, according to the joint conference examination Suggestions to the mofcom jointly with relevant departments, terminate party trade, or take transferability equity, assets or other effective measures to eliminate the m&a influence on national security.

Provisions also point out that a foreign investor merges a domestic enterprise, and the relevant departments of the state council, national trade association, trade enterprises and upstream and downstream firms think need acquisitions safety review, but to the mofcom acquisitions safety review proposal, and submit the relevant situation instructions (including acquisitions, basic conditions on national security concrete influence, etc.). Belong to m&a safety examination scope, ministry of commerce should within 5 working days will suggest that we submit it to joint conference. Excom meeting deems it necessary to make acquisitions safety review, ministry of commerce according to the joint conference, foreign investors decided according to the requirements stipulated by m&a safety review application.

Announcement to say during the enforcement of the provisions, and the public can in 2011 on March 5th to April 10, mofcom to submit comments and Suggestions. The ministry of commerce will these provisions implementation situation to carry on the track, assessment, and combined with the public opinion and the suggestion, perfect for provisions. Regulation is valid for 2011 on March 5th to 2011 August 31.

According to the regulation, in to the mofcom m&a safety review before the official application, the applicant may foreign investors the acquisition of domestic enterprises by procedural problems to the mofcom discuss application. Where the applicant has submitted the m&a safety review application documents complete and comply with statutory requirements, the mofcom shall notify the applicant in writing and acceptance of application. Belong to m&a safety examination scope, ministry of commerce within 15 working days inform the applicant in writing, and in subsequent within 5 working days to a foreign investor merges a domestic enterprise safety review BuJi excom meeting for review.

The regulation points out, notify the applicant in writing from the date of receiving the application within 15 working days of, the applicant shall not be implemented acquisitions, the local Commerce Department shall not engage in merger review. 15 working days, mofcom not inform the applicant in writing, the applicant may, in accordance with the relevant state laws and regulations related formalities.

Provisions stressed that a foreign investor merges a domestic enterprise behavior on national security have caused or may have a significant impact, according to the joint conference examination Suggestions to the mofcom jointly with relevant departments, terminate party trade, or take transferability equity, assets or other effective measures to eliminate the m&a influence on national security.

Provisions also point out that a foreign investor merges a domestic enterprise, and the relevant departments of the state council, national trade association, trade enterprises and upstream and downstream firms think need acquisitions safety review, but to the mofcom acquisitions safety review proposal, and submit the relevant situation instructions (including acquisitions, basic conditions on national security concrete influence, etc.). Belong to m&a safety examination scope, ministry of commerce should within 5 working days will suggest that we submit it to joint conference. Excom meeting deems it necessary to make acquisitions safety review, ministry of commerce according to the joint conference, foreign investors decided according to the requirements stipulated by m&a safety review application.

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