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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Global | Publication | January 2023
Following a one-month consultation on the draft Administrative Measures for Approval Registration of Mid-to-Long Term Foreign Debts of Enterprises in September 2022 (see link to our earlier legal update), on 10 January 2023 the National Development and Reform Commission of the PRC (NDRC) has promulgated the Administrative Measures for the Approval Registration of Mid-to-Long Term Foreign Debt of Enterprises《企业中长期外债审核登记管理办法》(国家发展和改革委员会令第56号) (NDRC Order No. 56).
NDRC Order No. 56 establishes the foreign debt approval registration system, which, with effect from 10 February 2023, will replace the foreign debt filing registration system under NDRC Circular No. 20441, with NDRC Circular No. 2044 being repealed on the same day.
In this legal briefing, we will focus on the key changes to the foreign debt filing registration regime under NDRC Circular No. 2044 (as supplemented by NDRC Circular No. 2044 Practice Manual2) and highlight the relevant aspects of NDRC Order No. 56 where further guidance from NDRC (in form of new practice manual for NDRC Order No. 56 or other forms of Q&A) would be welcomed to facilitate the administration of the new foreign debt approval registration regime.
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
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The private credit market and direct lending have grown and diversified immensely in the past decade, offering alternative sources and terms of debt compared to those historically provided by the syndicated leveraged loan and public issuance markets. Consequently, they are fast becoming pivotal components in the capital ecosystem, so much so that the Bank of England consider that the private credit market is currently responsible for approximately $1.8 trillion of debt issuance, which is four times its size in 2015. This growth has been particularly pronounced in Europe and the US but there has also been significant activity in Asia.
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