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The Regulatory Aspects of Outbound Investment by Chinese Companies 
First published in The China Dealmaker, June 2010

By Star Zhang and Li Ge

The Ministry of Commerce has reported that in 2009, China’s outbound investments in the non-financial sector reached US$43.3 billion, accounting for a 6.5 percent increase from 2008. Of all the outbound investment, mergers and acquisitions (M&A) transactions account for 40.5 percent. In the natural resources area (mainly petroleum, natural gas, and ferrous metals), China’s total outbound investment in 2008 was US$5.82 billion. In 2009, a single outbound investment in natural resources — acquisition by China Petroleum and Chemical Corporation, or Sinopec, of Addax Petroleum Corporation — had a deal value of C$10.3 billion (approximately US$8.8 billion).

While the prospect of outbound investment becomes more positive, companies should not overlook the complexity in successfully concluding an outbound investment. The key factors in every M&A transaction, such as adequate due diligence, management integration, labor and contract management, intellectual property rights, and corporate governance all become more complex in a cross-cultural context. Read the entire article here.


This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.

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