Monthly Archives: December 2012

Anti dilution

Traditionally, the anti-dilution provision is used to protect investors in the event a company issues equity at a lower valuation then in previous financing rounds.



Overseas investments

Overseas investments made through an RMB Fund are subject to approval requirements established by various Chinese authorities.

1. Approval by the National Development and Reform Commission (“NDRC”)

Before an agreement is executed, an offer is made and application for approval is submitted to the relevant approval authorities of the host country (region) in connection with the overseas investment, the RMB Fund is required to obtain advance approval from the NDRC for the investment. For overseas tendering or acquisition projects, if the investment amount reaches USD 100 million or above, prior to bidding for or taking any formal business actions on an overseas investment, the RMB Fund shall submit to NDRC a written “Information Report”, stating the investor’s basic information, background concerning the investment project, location of the investment, the industry in which the investment will be made, projected scale of investment and construction, and the time schedule. NDRC will issue a confirmation letter within 7 business days after they have received the Information Report. If the investor makes necessary outlays or expenses, denominated in foreign currency, during the early stages of the transaction (including performance security, and guarantees), the investor shall apply to NDRC for ratification.