Foreign investments

12 important questions on Foreign investments

What is foreign investment

It is the ownership of 1 person, who controls atleast 10% of the enterprise. The enterprise is not located in the owners home country.

Explain how FI is regulated

FI is regulated by —> FI laws & codes
It can be used to promote or restrict FI: screening + regulating FI applications, which depend on 2 things:
  1. Differs per country from open (minimal) reg. To closed ( strong reg. & supervision)
  2. Open economies might have less strict regulations than closed ones also transitional economies face stricter regulations.

What is the purpose of the national law that governs FI

  1. Promoting: Local productivity + technical development
  2. Encouraging: Local participation
  3. Minimising: Foreign competition in economic areas already served well by local businesses.
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Explain the types limitations/ restrictions of FI + examples

  • Business forms >
    • have/include local participation
    • Obliged to disclose activities to the public
  • Limited % of foreign equity >
    • May own up to a certain % of equity
  • Economic sectors (sectoral limitations)  >
    • Sectors exclusive for the state/nationals —> public utilities, vital for national security
    • Limited % of participation in certain sectors —> to limit the influence of Foreign investors in domestic politics, social economic affairs
    • Sectors with full/majority foreign ownership —> local development resources are limited. Where FI will increase jobs(local) + where Foreign export trade increases

Explain priority sectors for FI + examples

Industries where FI is promoted. Industries that are:
  • Capital intensive
  • Support tech transfer
  • Export oriented

They use incentives to boost the FI in these industries example of incentives are:
  • Tax holidays/ tax incentives (so lower taxes)
  • Easier application + approval procedures

Explain how Geographical limitations are categorised

  1. Free trade area's: 2 or more states trade across and within border free from customs tariffs and other restricted area's
  2. Free City: An entire city open to trade (international)
  3. Free trade zone & sub-zones: (FTZ) like free city but smaller and within or near a port city. The sub zones are associated but physically different from free trade zones. They accommodate limited purpose trading activities —> single manufacturing plants

Explain what the gov. security transactions regulations

  • Defining the form that securities take,
  • Protection of buyers and sellers,
  • Clearance and settlement procedures,
  • Insider trading
  • Takeovers.

Explain the intentions and actions of a hostile takeover/ foreign raiders

Intention of a company/individual is to take control of target company or force to take actions such as increase prices of shares.

Actions: Buy heavily the stock of target company

Explain protection agains (hostile) takeovers (actions by companies)

Companies can protect themselves by these 3 ways
  1. restrictions on share transferability,
  2. cross-ownership of shares
  3. restrictions on the voting rights of publicly held shares.

Explain insider trader regulations

Insider is A person, such as a corporate officer, director, or majority shareholder, who has access to material non-public informationabout a company or the securities market.

Further explanation:
  • they trade public info > info assessable to public
  • or material non-public info > info that is not public info and which could contain sensitive issues that could affect stock prices

Legal to posses but illegal to sell as that would be insider trading

Explain ENFORCEMENT OF SECURITY REGULATIONS INTERNATIONALLY

  1. 1989 Convention on Insider Trading
The Convention's purpose:

  • assist the regulatory agencies of its signatory states
  • establish a mechanism for the exchange of informationso that those agencies can better supervise their securities markets.


FOCUS on:

  • uncovering the insider trading activities
  • does not attempt to establish uniform enforcement provisions or sanctions.State is allowed to ask assistance from other member states.

Explain what an insider trader is

Insider trading is when a person who takes advantage of material non-public info about company or securities market and sells it for personal benefit

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