Debevoise & Plimpton

New registration and filing requirements for private equity funds and managers in China

On 17 January 2014, the Asset Management Association of China (AMAC) announced a provisional regulation requiring the registration of domestic Chinese private equity fund managers and filings by domestic Chinese private equity funds with AMAC.

Although the regulation does not explicitly resolve this issue, it would appear that managers and funds formed under Chinese law (even if controlled by non-Chinese persons) would be subject to the regulation but that managers and funds formed outside of China, even if operating and investing in China, would not be.

The regulation will go into effect on 7 February 2014. AMAC is a national fund industry self-regulatory organisation authorised by the China Securities Regulatory Commission to regulate investment funds and managers in China…

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