Chinese investment in Australia’s mining sector: business structures

This is the second in a series of seven articles prepared by HFW (Holman Fenwick Willan) which answer frequently asked questions concerning Chinese investment in Australia’s mining sector.

In this article, we will look at the typical business structures for Chinese companies investing in Australia’s mining sector:

  • Unincorporated joint venture
  • Incorporated joint venture
  • Australian subsidiary company
  • Australian branch of foreign company
  • Acquiring shares in an Australian company.

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Chinese investment in Australia’s mining sector – frequently asked questions

This is the first in a series of seven articles prepared by HFW (Holman Fenwick Willan) which answer frequently asked questions concerning Chinese investment in Australia’s mining sector.

THE rapid growth of China has given rise to a strong increase in global demand for mineral resources. According to the Composition of Trade Australia for 2011-2012 published by the Department of Foreign Affairs and Trade1, Australia’s top three mineral resource exports are iron ore, coal and gold. China is Australia’s largest export market for iron ore, second largest for gold and fourth largest for coal2. With such a strong trade relationship between China and Australia, mining companies from both countries are keen to elevate their relationships to longer term partnerships.

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Foreign investment in Indonesian mining companies and divestment requirements - Two sides of the same coin for foreign investors

Indonesia consists of hundreds of islands with many coal reserves and various mineral resources, such as gold, nickel, manganese, iron ore, copper, bauxite, tin, zircon, etc. Many large foreign companies have operated in the coal and minerals mining industries and enjoyed available investment facilities in accordance with prevailing regulations and strategic policy issued by the Government of Republic of Indonesia. These are reviewed from time to time to fully support and offer more advantages for foreign investors and attract other prospective investors seeking coal and mineral concessions for their investments in Indonesian mining industries.

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