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One prominent change of the "Regulation on the Administration of Foreign
Enterprising Investment Enterprises" is its introduction of the trustee
management system, which is common in the world. It allows the enterprising
investment enterprises entrust its investment operation to a qualified
management company of enterprising investment The management company is
entrusted to manage the fund of the enterprising investment and to look for
investment opportunities and to negotiate on investment terms. It can also
engage itself in risk investment on behalf of the enterprising investment
enterprise and provide relevant consultation in management.
Following are the qualifications of management companies entrusted to carry
out risk investment:
The major business of the entrusted company shall be managing the investment
of enterprising investment enterprises; Having three (or above) experienced
professional staffs who have more than three years of experience in risk
investment; Its registered capital or total volume of investment shall be no
lower than RMB one million or equivalent other foreign currencies; Having
complete internal control system.
Enterprising investment management companies can be organized in the form of
corporate or partnership. One management company can be entrusted by more than
one enterprising investment enterprises.
Risk investment management companies shall report to the joint management
committee or chairman of boards of the entrusted part about major investments on
a regular basis. It shall also report the mid-term or annual performance report
and financial report; other issues s stipulated according to laws and
regulations; relevant issues in the contract with enterprising investment
enterprise and its articles of associations The establishment of foreign
enterprising investment management companies shall meet the above-mentioned
requirements and shall be approved by the local provincial foreign trade and
economics The approving institution shall, within 45 days after the receipt of
all the application materials, make its decision of approval of disapproval in
written form. If the application is approved, an "Approving Certificate of
Foreign Investment Enterprises" will be issued. Foreign enterprising investment
management companies shall, within a month after the receipt of the certificate,
proceed with its registration at the registration institution. |