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2015 SIXTH EDITION | 第六版 China Outbound Investment Guide 中國 境外投資 指南 A fully bilingual guide published in conjunction with | 一本全雙語指南, 合作出版的多國律師事務所包括: ÆLEX Arthur Cox Bezen & Partners Cadwalader Wickersham & Taft Freshfields Bruckhaus Deringer Homburger Kobre & Kim Macchi di Cellere Gangemi Nagashima Ohno & Tsunematsu

China Outbound Investment Guide 2015

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The dedicated bilingual investment guide for Chinese investors, brought to you by China Law & Practice

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2015SIXTH EDITION|China Outbound Investment GuideA fully bilingual guide published inconjunction with| :LEXArthur CoxBezen & Partners Cadwalader Wickersham & TaftFreshelds Bruckhaus DeringerHomburgerKobre & KimMacchi di Cellere GangemiNagashima Ohno & TsunematsuHomburger provides high quality legal advice andrepresentation both domestically and internationallyin signifcant transactions, disputes and complexlegal matters to businesses and entrepreneurs.Corporate | M&A Financial ServicesLitigation | ArbitrationIP | ITCompetitionTaxEmployment LawPrivate ClientsRestructuring | Insolvency White Collar | InvestigationsInsuranceHomburger AGPrime TowerHardstrasse 201 | CH-8005 ZurichP.O. Box 314 | CH-8037 ZurichT+41 43 222 10 00F+41 43 222 15 [email protected] Transactions,Disputes, Advice, , Homburger_Imageinserat_210x285mm_002_CLP_ZH.indd 1 21.03.13 13:28www.chinal awandpracti ce.com CHI NA OUTBOUND I NVESTMENT GUI DE 2015>>1I NTRODUCTION | EditorKatherine Jo ([email protected])+852 2842 6964TranslatorSusan Mok ([email protected])+852 2842 6924Production managerAndy Alcock ([email protected])+852 2842 6928 Sales managerEsra Ermis ([email protected])+852 2842 6966PublisherPeter OllierPublished byAsia Law & PracticeEuromoney Institutional Investor (Jersey) Ltd27/F, 248 Queens Road EastWanchai, Hong Kong EUROMONEY INSTITUTIONAL INVESTOR (JERSEY) LTD 2015ISBN 978-962-936-226-3DisclaimerThe material in this periodical does not constitute adviceand no liability is assumed in relation to it. The materials referred to in this publication are publicly available. All information contained herein was believed to be correct at the time of publication in April 2015All rights reserved20154Divisional director, Legal Media Group Greg KilminsterDirectors, Euromoney Institutional Investor(Jersey) LtdPeter Richard Ensor, Tony Shale, Anita RyeCEO, Euromoney Institutional Investor, AsiaTony ShaleSUBSCRIPTIONS & CUSTOMER SERVICE:UK hotline: +44 (0) 207 779 8999US hotline: +1 212 224 3570Email: [email protected] | Welcome to China Law & Practices 2015 China Outbound Investment Guide.The timing is impeccable, with ofcials agging increased investment overseas, tweaking rules to make the process easier and predicting that outbound ows will soon surpass that headed into China. It also follows a Ministry of Commerce announcement that China outbound investment (COI) rose 14.1% to US$102.9 billion (Rmb643.2 billion) in 2014.The National Development and Reform Commission (NDRC) last year released the Measures for the Administration of the Check and Approval, and Record Filing of Overseas Investment Projects (), which came into effect on May 8 2014. These substantially smoothened the regulatory and approval processes for COI, replacing approval requirement for most projects under US$1 billion and not involving sensitive regions or industries with a simpler ling procedure. And, on December 27 2014, the NDRC revised the Measures and eliminated the US$1 billion threshold, meaning all outbound projects, regardless of type, size or scope, are subject to ling only (unless considered sensitive). This will further level the playing eld between Chinese and global bidders.This years guide features jurisdictions worldwide with plenty of investment potential. Large destinations such as the US and UK continue to attract, as seen by Lenovos US$2.9 billion acquisition in early 2014 of Motorola Mobility from Google, which was the largest acquisition ever by a Chinese company in the US tech sector. Also key was Greenland Groups residential development project investment in London worth US$2 billion. Pages 64 and 71 provide insight into investing in these two countries, respectively.This guide includes features written by leading rms in Ireland, Italy, Japan, Nigeria, Switzerland and Turkey, giving expert insight into each jurisdiction. It also addresses the fact that cross-border deals are rarely executed without an offshore structure. See page 33 for the key features and risks of using offshore vehicles and holding companies through the Cayman Islands, BVI and Bermuda.Each jurisdiction has unique regulatory facets that guide COI into specic sectors and industries. All chapters thoroughly explain the regulatory approval, foreign exchange, tax, corporate governance, labour and dispute resolution landscapes that Chinese investors need to be aware of in order to better plan and structure their investments abroad.Thank you to all the rms that participated. Im condent our readers will nd this guide useful.China Law & Practice2015201414.1%1,029(6,432)()20145810201412271020142920647133Katherine Jo|Editor|2