What are the forms of merger and acquisition of domestic enterprises by foreign investors?
外国投资者并购中华人民共和国境内企业主要包括以下两种形式:
The merger and acquisition of enterprises within the People's Republic of China by foreign investors mainly includes the following two forms:
1. 股权并购。Equity merger and acquisition.
股权并购是指外国投资者协议购买境内非外商投资企业的股东的股权或认购境内公司增资,使该境内公司变更设立为外商投资企业;
Equity merger and acquisition refers to the fact that the foreign investor signs an agreement to purchase the equity of the shareholder of a domestic non-foreign investment enterprise or to subscribe for the capital increase of a domestic company, so as to change the domestic company into a foreign-invested enterprise;
2.资产并购。Assets merger and acquisition.
资产并购是指外国投资者设立外商投资企业,并通过该企业协议购买境内企业资产且运营该资产,或外国投资者协议购买境内企业资产,并以该资产投资设立外商投资企业运营该资产。
Assets merger and acquisition refers to the fact that foreign investors establish a foreign-invested enterprise, and purchase and operate the assets of domestic enterprises in China through the enterprise agreement, or foreign investors agree to purchase the assets of domestic enterprises in China, and make investment with such assets to establish foreign-invested enterprises to operate the assets.