Guangzhou - Foreign Investment in China Reshaped

The new law governing foreign investments will replace three existing laws on Wholly Foreign-Owned Enterprises and Joint Ventures. Mandatory technology transfers will be banned, and technology coordination should be based on the principles of voluntariness and commercial interests. Also, the issuance of the Development Plan for the Greater Bay Area (GBA) will cause new opportunities for foreign enterprises in China.

This seminar will introduce both developments from the legal perspective with a practical cut for foreign companies who invested or are considering to invest in China and, especially, in the GBA.

In the session of GBA Initiative:

• New disposition in the Arrangement on Reciprocal Recognition and Enforcement of Judgements in Civil and Commercial Matters between Mainland and of HKSAR, issued on 19th of January 2019; 
• New Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region issued on 2nd of April 2019.

In the session of the new Foreign Investment Law:

• Introduction regarding the soon-to-be canceled requirement in the EJV law, WFOE law and cooperation JV law and how they will affect the FIEs;
• Technology Transfer limitation and new Foreign Investment Law position;
• Variable Interest entities and their validity under the new law;
• Major chances from old laws and new law in term of investment promotion;
• New Law and parification between Chinese and Foreign investment;
• New Negative-list and its role in the coming future;
• Open issues which could be covered by regulation in the near future.