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The PRC Company Law allows company shareholders to make capital contributions with certain non-cash assets that include equity in other companies. The State Administration for Industry and Commerce recently promulgated the Measures for the Administration of the Registration of Capital Contribution in the Form of Equity (SAIC Measures) to establish a procedure for the registration of equity capital contributions. The SAIC Measures apply to purely domestic companies as well as foreign investment enterprises (FIEs). In the case of FIEs, foreign investment approvals from Ministry of Commerce or its local counterparts are also required for equity capital contributions, but there has not been a formal procedure for such approvals until the issuance of the Interim Provisions of the Ministry of Commerce for Equity Investments in Foreign Investment Enterprises (Interim Provisions). Learn more about the Interim Provisions.

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Region: China
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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