Fredrik Öqvist does some interesting reading of the VIE tea-leaves. The Ministry of Commerce, he suggests, doesn’t like VIEs very much, but they are less likely to outlaw them outright than slowly squeeze them so the structure becomes more headache than benefit.
VIEs: The Long Resolution (siliconhutong.com)
Originally posted on China Finance:
While there are some fairly varying opinions regarding exactly what happened when walmart got conditioned approval for their acquisition of Niu Hai Holdings, one thing at least seems clear: MOFCOM is not overly fond of VIEs.
This certainly won’t be welcomed by foreign investors using VIEs, but its hardly news either. MOFCOM have been the most vocal department when it comes to issues relating to VIEs, for instance in their recent M&A regulations, so a continues negative stance is hardly shocking. What is interesting is how they express their negative views.
They haven’t banned the VIE structure as such, if anything they are acknowledging its existence, but they are limiting the scope under which they will allow it to operate. So far I don’t think this will cause any major issues for Walmart, so from their point of view this is probably a pretty good result.