Mainland China has, for some time, been enjoying a wave of foreign investment. Recent high profile defaults have turned the spotlight on whether the initial investment structuring adequately protects offshore investors and what strategies foreign investors can adopt in any restructuring. This article, prepared by John Marsden and Sally Mui, discusses challenges faced by offshore creditors seeking to recover funds from businesses whose key operations and assets are in China, and looks at the practical issues at play in any recovery strategy there. The article is likely to be of interest to those who are doing business in mainland China and is of particular relevance to overseas investors who are investing in China.
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