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China's Foreign Investment Law – Mondaq News Alerts

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China:

China’s Foreign Investment Law

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The Foreign Investment Law in China came into effect on 1
January 2020 to replace other existing laws and Bill Guo, Managing
Director, China, highlights why this is good news for the
region.

China’s new Foreign Investment Law: will your
investment concern in China be minimised?

The Foreign Investment Law (FIL) will replace the PRC Law on
Sino-foreign Equity Joint Ventures, the PRC Law on Wholly
Foreign-owned Enterprise, the PRC Law on Sino-foreign Cooperative
Joint Ventures, and is effective as of 1 January 2020.

WHAT GOOD NEWS DID YOU GET FROM THE FIL?

  1. National Treatment on the market entrance, except those
    in the Negative List

    The FIL emphasises that foreign investment in China will get
    pre-national treatment, which means national treatment will be
    given equally to the foreign investment, unless the investment
    would fall into the Negative List issued by the State Council of
    China.

  2. Simplified registration process

    Registration rather than approvals. The FIL formally does away
    with the prior systems that required approval by the Ministry of
    Commerce and registration with the Administration of Industry and
    Commerce before a foreign investment could be permitted into
    China.

  3. Well protected Intellectual Property rights

    One main concern of foreign investors, before they make
    decision, is whether their IP could be protected in China. The FIL
    gives a good answer, and especially specified that the government
    cannot force the IP transfer by administrative method.

However, with the rapid development of China’s capital
market, the quota limitation of QFII and RQFII is no longer
suitable for China’s opening environment of capital market.
Furthermore, it also has no benefit for those investors manage
their assets like bonds and stocks through different channels. With
the limitation, it’s hard for both the investors and
China’s capital market achieve more progress. Till the end of
August 2019, the QFII and RQFII only hold 1.5% market values of
A-share stock market.

“In the past, China’s government has always had strict
rules on how foreign investors work in China’s capital
market”

This reform of removal of quota limitation, is a big step to
fulfil the requests from foreign investors, and shows that the
Chinese government is building a better investment environment. It
also highlights that they’re continuing to deepen the reform of
foreign exchange administration, expanding opening-up, supporting
foreign investors to invest in domestic capital markets and
facilitating cross-border investment and financing.

For more information on China’s foreign investment law and
our offering in China, please get in touch.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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On 15th October 2019, the Ministry of Finance, Government of India, notified the provisions of Sections 139, 143 and 144 of the Finance Act, 2015 (the “Notified Sections”).

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Economy

S&P/TSX composite down more than 200 points, U.S. stock markets also fall

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TORONTO – Canada’s main stock index was down more than 200 points in late-morning trading, weighed down by losses in the technology, base metal and energy sectors, while U.S. stock markets also fell.

The S&P/TSX composite index was down 239.24 points at 22,749.04.

In New York, the Dow Jones industrial average was down 312.36 points at 40,443.39. The S&P 500 index was down 80.94 points at 5,422.47, while the Nasdaq composite was down 380.17 points at 16,747.49.

The Canadian dollar traded for 73.80 cents US compared with 74.00 cents US on Thursday.

The October crude oil contract was down US$1.07 at US$68.08 per barrel and the October natural gas contract was up less than a penny at US$2.26 per mmBTU.

The December gold contract was down US$2.10 at US$2,541.00 an ounce and the December copper contract was down four cents at US$4.10 a pound.

This report by The Canadian Press was first published Sept. 6, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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S&P/TSX composite up more than 150 points, U.S. stock markets also higher

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TORONTO – Canada’s main stock index was up more than 150 points in late-morning trading, helped by strength in technology, financial and energy stocks, while U.S. stock markets also pushed higher.

The S&P/TSX composite index was up 171.41 points at 23,298.39.

In New York, the Dow Jones industrial average was up 278.37 points at 41,369.79. The S&P 500 index was up 38.17 points at 5,630.35, while the Nasdaq composite was up 177.15 points at 17,733.18.

The Canadian dollar traded for 74.19 cents US compared with 74.23 cents US on Wednesday.

The October crude oil contract was up US$1.75 at US$76.27 per barrel and the October natural gas contract was up less than a penny at US$2.10 per mmBTU.

The December gold contract was up US$18.70 at US$2,556.50 an ounce and the December copper contract was down less than a penny at US$4.22 a pound.

This report by The Canadian Press was first published Aug. 29, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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Investment

Crypto Market Bloodbath Amid Broader Economic Concerns

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The crypto market has recently experienced a significant downturn, mirroring broader risk asset sell-offs. Over the past week, Bitcoin’s price dropped by 24%, reaching $53,000, while Ethereum plummeted nearly a third to $2,340. Major altcoins also suffered, with Cardano down 27.7%, Solana 36.2%, Dogecoin 34.6%, XRP 23.1%, Shiba Inu 30.1%, and BNB 25.7%.

The severe downturn in the crypto market appears to be part of a broader flight to safety, triggered by disappointing economic data. A worse-than-expected unemployment report on Friday marked the beginning of a technical recession, as defined by the Sahm Rule. This rule identifies a recession when the three-month average unemployment rate rises by at least half a percentage point from its lowest point in the past year.

Friday’s figures met this threshold, signaling an abrupt economic downshift. Consequently, investors sought safer assets, leading to declines in major stock indices: the S&P 500 dropped 2%, the Nasdaq 2.5%, and the Dow 1.5%. This trend continued into Monday with further sell-offs overseas.

The crypto market’s rapid decline raises questions about its role as either a speculative asset or a hedge against inflation and recession. Despite hopes that crypto could act as a risk hedge, the recent crash suggests it remains a speculative investment.

Since the downturn, the crypto market has seen its largest three-day sell-off in nearly a year, losing over $500 billion in market value. According to CoinGlass data, this bloodbath wiped out more than $1 billion in leveraged positions within the last 24 hours, including $365 million in Bitcoin and $348 million in Ether.

Khushboo Khullar of Lightning Ventures, speaking to Bloomberg, argued that the crypto sell-off is part of a broader liquidity panic as traders rush to cover margin calls. Khullar views this as a temporary sell-off, presenting a potential buying opportunity.

Josh Gilbert, an eToro market analyst, supports Khullar’s perspective, suggesting that the expected Federal Reserve rate cuts could benefit crypto assets. “Crypto assets have sold off, but many investors will see an opportunity. We see Federal Reserve rate cuts, which are now likely to come sharper than expected, as hugely positive for crypto assets,” Gilbert told Coindesk.

Despite the recent volatility, crypto continues to make strides toward mainstream acceptance. Notably, Morgan Stanley will allow its advisors to offer Bitcoin ETFs starting Wednesday. This follows more than half a year after the introduction of the first Bitcoin ETF. The investment bank will enable over 15,000 of its financial advisors to sell BlackRock’s IBIT and Fidelity’s FBTC. This move is seen as a significant step toward the “mainstreamization” of crypto, given the lengthy regulatory and company processes in major investment banks.

The recent crypto market downturn highlights its volatility and the broader economic concerns affecting all risk assets. While some analysts see the current situation as a temporary sell-off and a buying opportunity, others caution against the speculative nature of crypto. As the market evolves, its role as a mainstream alternative asset continues to grow, marked by increasing institutional acceptance and new investment opportunities.

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