FIE Contract and Articles of Association Examination and Approval Principles

This article is intended to provide a general guide to the subject matter. Specific advice should be sought about individual circumstances. Further information or advice may be obtained from Linklaters & Paines, Hong Kong office, 14th Floor, Alexandra House, Chater Road, Hong Kong; telephone: (852) 2842 4888; fax: (852) 2810 8133; contact David Mullarkey or Jeremy Parr.

This article examines the approval process of foreign investment enterprises in the PRC introduced by the FIE contract and Articles of Association Examination and Approval Principles ("Principles").

A. Background to the Principles

The "Law of the People's Republic of China on Sino-foreign Joint Equity Enterprises", the "Law of the People's Republic of China on Sino-foreign Co-operative Enterprises" and the "Law of the People's Republic of China Concerning Enterprises with Sole Foreign Investment" lay down the basic framework for the three types of direct foreign investment vehicles ("FIEs") which are granted