Meerderheidsaandeelhouder weer mogelijk in China

12.09.2018

Maritieme toeleveranciers, Scheepsbouw

Chinezen staan buitenlandse bedrijven weer toe om meerderheidsaandeelhouder te worden in Joint Ventures (artikel alleen in het Engels beschikbaar).

China has recently lifted the foreign ownership limits for companies designing, building and repairing ships, following the announcement made in April by President Xi Jinping. The removal of such restrictions has been a longstanding request from SEA Europe in the context of the EU-China Shipbuilding Dialogue and the EU-China Investment Agreement negotiations, and through the EU Chamber of Commerce in China (EUCCC).

Background

You will recall that within the mandatory joint venture requirement (which remains in place) foreign shipbuilding companies that want to invest and establish themselves in China were subject to shareholding limits. More specifically, the design and construction of vessels – considered as a strategic sector – was permitted only if the Chinese partner held the majority of the company’s property. In certain segments, foreign companies could only have maximum 49% of the shares in the joint venture.

The removal of the foreign shareholding restrictions in shipbuilding is included in the new ‘Special Management Measures for the Access of Foreign Investment (2018)’ –  known as ‘Negative List’. The revised List was jointly announced by the Chinese Ministry of Commerce and the National Development and Reform Commission and is effective as from 28 July 2018.