On July 23, 2009, the Ministry of Commerce of the People's Republic of China (the “MOFCOM” of the PRC) promulgated the revised Regulations for Merger and Acquisition of Domestic Enterprises by Foreign Investors (Order of the MOFCOM, No.6, 2009) (the “New Regulations of M%26A”). The New Regulations of M%26A became effective as of the promulgation date and replaced the old Regulations of M%26A which was promulgated by the MOFCOM together with the other five ministries and committees of the PRC through the Order of the MOFCOM, No.10, 2006 and became effective on September 8, 2006. (the “No.10 Regulations”). The revision was mainly made in accordance with the Anti-Monopolization Law of the PRC (took effect on August 1, 2008) and the Provisions of the State Council on the Standards for Declaration of Concentration of Business Operators (took effect on August 3, 2008), specifically focused on the anti-monopolization examination of the merger and acquisition of domestic enterprises by foreign investors.
