Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises Updated: 2006-04-17 10:37 Chapter VI Business Management
Article31 An FBIE may engage in the following businesses: (1)
It may make equity investments with all of its own capital through establishing
new enterprises, or investing into an established enterprise, or accepting the
stock equities transferred by the investors of an established enterprise, or
through other means as permitted in the laws and regulations of the
state; (2) It may offer business-starting investment consultancy
services; (3) It may offer management consultancy to the invested
enterprises; (4) It may engage in other businesses as approved by the
examination and approval organ. The capital of an FBIE may be largely used to
make equity investments into its invested enterprise.
Article32 A business-starting enterprise shall not engage in the
following activities: (1) It shall not make investments into the areas in
which foreign investments are prohibited by the state; (2) It shall not make
direct or indirect investments into the listed securities and bonds of an
enterprise, but after the invested enterprise is listed, the shares held by the
FBIE shall be an exception. (3) It shall not make direct or indirect
investments into real property not for its own use; (4) It shall not make
investments by way of loans; (5) It shall not make investments by embezzling
the capital not in its ownership; (6) It shall not provide a loan or guaranty
to others, but the bonds with a term of more than 1 year issued by its invested
enterprise and the investments in the nature of bonds that may be converted into
equity investments to the invested enterprise shall be excluded (this paragraph
doesn't concern whether the invested enterprise is entitled to issue such bonds
or not); (7) It shall not engage in other activities as prohibited in the law
and regulations and the contract of the FBIE.
Article33 The investors shall stipulate a term for foreign
investments in the contract of the FBIE.
Article34 The incomes of an FBIE shall be generated largely from
selling the stock equities it holds in the invested enterprise or from disposing
of the stock equities by other means. When an FBIE sell the stock equities it
holds in the invested enterprise or dispose of the stock equities by other
means, it may, in accordance with the law, choose one of the following available
methods of withdrawing: (1) It may transfer part of or all of the stock
equities it holds to other investors; (2) It may sign an agreement of stock
equity counter-purchase with the invested enterprise, which may counter-purchase
the stock equities held by the business-starting investment enterprise under
certain circumstances; (3) Where the invested enterprise satisfies the
conditions of listing as provided by laws and administrative regulations, it may
apply for listing in the securities markets of home and abroad. In accordance
with the law, the FBIE may transfer the shares it holds in the invested
enterprise through the securities markets; (4) The other methods that are
allowed by the laws and administrative regulations of China. The concrete
regulatory measures concerning the invested enterprise' counter-purchase of the
stock equities held by the FBIE shall be separately formulated by the
examination organ jointly with the registration organ.
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