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中级会员
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On the means of payment in foreign capital merger
On the means of payment in foreign capital merger and acquisition< br > in mergers and acquisitions by foreign investors, investors are most concerned about the problem of foreign capital merger and acquisition of funding sources,goyard paris, with what kind of assets within the territory of the people's Republic of China mergers and acquisitions. Because of the different ways of mergers and acquisitions, this part of the assets may be paid to the owner of the equity or assets of the domestic enterprise, is for the transaction price,hogan outlet, may also put into the acquisition of the enterprise,hogan outlet, to become the capital of the enterprise. According to the current series of laws and regulations, we sum up the following:
< br > common sense, the enterprises within the territory of the Interim Provisions Concerning the merger and acquisition of foreign investors: "as a means of payment of the price should be in conformity with the provisions of relevant laws and administrative regulations of the state. Foreign investors shall be subject to the approval of the foreign exchange administration for their own disposition of the shares or their lawful possession of the RMB assets as a means of payment." Here, foreign investors and domestic enterprises have not done special provisions, therefore, we believe that foreign mergers and acquisitions,chaussure jordan pas cher, the first is to follow this requirement. Foreign investors, investment companies and foreign invested enterprises in China can use all of their legal property, including cash, stock, real,hogan outlet, intellectual property, and other forms of payment of the price.
< br > if the object of M & A is a state-owned enterprises, the use of foreign capital restructuring of state-owned enterprises in the provisional regulations, "the provisions," foreign investors should remitted to outside of a freely convertible currency or other lawful property rights payments transfer price or investment. Approved by the foreign exchange administration,tn femme pas cher, it can also be used in China to invest in RMB net profit or other lawful property rights and interests to pay the transfer price or capital contribution. Other legitimate property rights and interests:
< br > (a) foreign investors sources within the territory of China held the other enterprises with foreign investment for liquidation, stock equity transfer, advance recovery of investment,hogan scarpe outlet, capital and income property;
< br > the use of foreign capital restructuring of state-owned enterprises in the Interim Provisions "allowed" debt equity swap "this funded or consideration payment form and break the current" company law "the provisions of. Worthy of note is the use of foreign capital restructuring of state-owned enterprises in the "Interim Provisions of the state-owned enterprises clearly listed companies are excluded; at the same time, in accordance with the nature of the reorganization of state-owned enterprises shall be changed to" foreign-invested enterprises "this view, the file specification is overseas investment and investment company. Therefore, foreign investors and investment companies restructuring state-owned enterprises,hogan outlet, can be used in cash, the transfer of other state-owned property rights or assets held by the company or the restructuring of corporate debt, and so on.
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International tax planning is the domestic tax planning within the scope of the extension and development, its behavior not only across the tax environment, but also related to the tax policy of more than two countries. Therefore, international tax planning than those of the domestic tax planning is more complex. |
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