Record Filing after Implementation of the Investment Agreements under the Mainland / Hong Kong, Macau Closer Economic Partnership Arrangements

• Document Number：Announcement No.86 [2017] of the Ministry of Commerce
• Area of Law： Foreign Economy and Trade
• Level of Authority： Departmental Rules
• Date issued：12-20-2017
• Effective Date：01-01-2018
• Status： Not Yet Effective
• Issuing Authority： Ministry of Commerce

Announcement of the Ministry of Commerce
( No.86 [2017] )
Announcement on Record Filing after Implementation of the Investment Agreements under the Mainland / Hong Kong, Macau Closer Economic Partnership Arrangements
Upon approval of the State Council, the Investment Agreements under the Closer Economic Partnership Arrangements between the Mainland and Hong Kong, Macau (hereinafter referred to as the “Mainland/HK and Macau Investment Agreements”) were signed on June 28 and December 18, 2017 and will be implemented since January 1, 2018. In order for the effective administration of record filing for Hong Kong and Macau investors to invest companies in the Mainland after the implementation of the foregoing agreements, the relevant matters are hereby announced as follows:
1. The record filing for Hong Kong and Macau investors to make investments in the Mainland, and for the establishment and change of enterprises invested by Hong Kong and Macau investors in accordance with the Mainland/HK and Macau Investment Agreements shall be handled according to the procedures and requirements set out in the Interim Administrative Measures for the Record-filing of the Incorporation and Change of Foreign-invested Enterprises (revised by MOFCOM Order No.2 of 2017, hereinafter referred to as the “Interim Measures”).
2. Hong Kong and Macau investors that comply with the requirements specified in Annex 1 to the Mainland/HK and Macau Investment Agreements shall make their respective investments in the fields open to them as specified in the foregoing agreements, and besides the documents to be submitted online as specified in Article 8 of the Interim Measures, they shall file the supporting documents of Hong Kong and Macau investors online as specified in the Mainland/HK and Macau Investment Agreements.
The Announcement shall take effect as of January 1, 2018.
Ministry of Commerce of the People's Republic of China
December 20, 2017