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Trunslution Squire,Sanders Dempsey L.LP. account of forex or provided for forex settlement.Subject to approval of the relevant forex authority,the forex income incurred from capital variation can be maintained in a special account of capital items,or be provided for settlement. Article 49 Within one(1)year from the issuance date of the Remarked BL,if a Domestic Company fails to obtain its Non-remarked COA,its Remarked COA shall automatically be invalid;formalities shall then be handled for change of the relevant registration under the provision of Article 36 hereof. Article 50 After the Specially-Purposed Company has finished the proposed overseas listing and the Domestic Company has obtained its Non-remarked COA and Non-remarked BL,where the parties concerned proceeds to conduct any further acquisition of the Domestic Company through payment of equity interests of such Specially-Purposed Company,provisions of Sections 1 and 2 of this Chapter IV shall be applied. ( Chapter V Anti-Monopoly Investigation Article 51 When a foreign investor's acquisition of a domestic enterprise involves any of the following circumstances,the investors shall report the same to MOFCOM and the SAIC: (1) any of the parties to the acquisition had a turnover in the Chinese market during the current year exceeding Renminbi Fifteen Hundred Million (RMB1,500,000,000); 2) the foreign investor acquired more than ten (10)enterprises in related industries in China in one (1)year; (3) any of the parties to the acquisition already controls not less than twenty(20%) of the Chinese market:or (4) the acquisition will cause the Chinese market share of any of the parties thereto to reach twenty five percent(25%). At the request of a competing domestic enterprise or the relevant functional authority or trade association,if MOFCOM or the SAIC is of the opinion that the acquisition by the foreign investor would involve a very large market share or that other important factors that would materially affect market competition or otherwise are present,it may nevertheless require the foreign investor to file a report,even if the criteria in the preceding paragraph are not met. The aforementioned "any of the parties to the acquisition"includes affiliates of the foreign investor. Article 52 If the acquisition of a domestic enterprise by a foreign investor involves any of the circumstances specified in Article 51 hereof and MOFCOM and the SAIC are of the opinion that it may result in over-concentration,thereby harming
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