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近日,外经贸部、科技部和国家工商总局联合发布《关于设立外商投资创业投资企业的暂行规定》,该规定指出,允许外国投资者在中国境内以独资、合资和合作的形式成立以创业投资为经营活动的外商投资有限责任公司或不具有法人资格的中外合作企业。值得关注的是,对于外商极为关注的退出机制问题,该规定作出了“突破性”安排——允许外商投资的创业投资企业从所投资企业获得利润分红,并可以根据经营需要依法选择适用的退出机制,包括(1)将其持有的所投资企业的部分或全部股权转让给其他企业或个人;(2)经所投资企业同意,签订股权回购协议,由所投资企业在一定条件下回购其所持有的股权;(3)所投
Recently, the MOFTEC, the Ministry of Science and Technology and the SAIC jointly issued the Interim Provisions on Establishing Venture Capital Enterprises with Foreign Investment, which stipulates that foreign investors are allowed to set up venture capital businesses in the form of sole proprietorship, joint ventures and cooperation in China A foreign-funded limited liability company for business activities or a Sino-foreign cooperative enterprise that does not have legal person status. What deserves our attention is that this regulation has made a “breakthrough” arrangement for the exit mechanism that is of great concern to foreign investors. It allows foreign-funded venture capital investment enterprises to obtain profit dividends from the enterprises they invest in, and can choose to apply according to their business needs according to law (1) Transfer some or all of the equity of the invested enterprises held by it to other enterprises or individuals; (2) With the consent of the invested enterprises, sign the Equity Repurchase Agreement, and the invested enterprises shall, under certain conditions Under the repurchase of its holdings of shares; (3) cast