Equity transfer agreement (from a foreign JV party to an unrelated Chinese party, resulting in a Chinese company): China | Practical Law

Equity transfer agreement (from a foreign JV party to an unrelated Chinese party, resulting in a Chinese company): China | Practical Law

A legacy transfer agreement (ETA) for use by the Chinese and foreign parties of a Sino-foreign joint venture (JV) to transfer the foreign party's equity (shareholding) to the Chinese party to convert the JV into a domestic Chinese company under the former three FIE laws regime. (For a Word version of this standard document in Chinese, click Standard document, Equity transfer agreement (from a foreign JV party to an unrelated Chinese party, resulting in a Chinese company): China (Chinese language version).)

Equity transfer agreement (from a foreign JV party to an unrelated Chinese party, resulting in a Chinese company): China

by Practical Law China with thanks to Robert Lewis and John Jiang, Zhong Lun Law Firm
Law stated as at 27 Dec 2019, China
A legacy transfer agreement (ETA) for use by the Chinese and foreign parties of a Sino-foreign joint venture (JV) to transfer the foreign party's equity (shareholding) to the Chinese party to convert the JV into a domestic Chinese company under the former three FIE laws regime. (For a Word version of this standard document in Chinese, click Standard document, Equity transfer agreement (from a foreign JV party to an unrelated Chinese party, resulting in a Chinese company): China (Chinese language version).)
With China's Foreign Investment Law (FIL) entering into force on1 January 2020, the transfer of a JV's shares is governed by China's Company Law 2018, which provides a more flexible transfer mechanism compared to the requirements under the three FIE laws and their subordinate legislation.
Practical Law China is working on a specimen ETA that is aligned with the regimes of China's Company Law and FIL.