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Question: Q1: After the enactment of the Foreign Investment Law of China and its implementation regulations, does an asset evaluation report in foreign merger and acquisition cases specified in Article 14 of the Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors have to be submitted? If so, which department must it be submitted to?
Answer: A1: According to the Foreign Investment Law of China and its implementation regulations, the Ministry of Commerce will no longer approve or archive the establishment and/or alteration of foreign-invested enterprises. The merger and acquisition of domestic enterprises by foreign investors must comply with the Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors, of which any content inconsistent with the Foreign Investment Law of China and its implementation regulations shall no longer be implemented.