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1) Please briefly describe the current investment climate in the country and the average volume of foreign direct investments (by value in US dollars and by deal number) over the last three years.
2) What are the typical forms of Foreign Direct Investments (FDI) in the country:
3) Are foreign investors allowed to own 100% of a domestic company or business? If not, what is the maximum percentage that a foreign investor can own?
4) Are foreign investors allowed to invest and hold the same class of stock or other equity securities as domestic shareholders? Is it true for both public and private companies?
5) Are domestic businesses organized and managed through domestic companies or primarily offshore companies?
6) What are the forms of domestic companies? Briefly describe the differences.
7) What are the requirements for forming a company?
8) What are the requirements and necessary governmental approvals for a foreign investor acquiring shares in a private company? What about for an acquisition of assets?
9) Does a foreign investor need approval to acquire shares in a public company on a domestic stock market? What about acquiring shares of a public company in a direct (private) transaction from another shareholder?
10) Is there a requirement for a mandatory tender offer if an investor acquired a certain percentage of shares of a public company?
11) What is the approval process for building a new facility in the country (in a greenfield or brownfield project)?
12) Can an investor do a transaction in the country in any currency or only in domestic currency?
13) Are there approval requirements for a foreign investor for transferring domestic currency or foreign currency out of the country?
14) Is there a tax or duty on foreign currency conversion?
15) Is there a tax or duty on bringing foreign or domestic currency into the country?
16) Is there a difference in tax treatment between acquisition of assets or shares (e.g. a stamp duty)?
17) When is a stamp duty required to be paid?
18) Are shares in private domestic companies easily transferable?
19) Is there a mandatory FDI filing?
20) What are typical exit transactions for foreign companies?
21) Do private companies prefer to pursue an IPO?
22) Do M&A/Investment/JV agreements typically provide for dispute resolution in domestic courts or through international arbitration?
23) How long does a typical contract dispute case take in domestic courts for a final resolution?
24) Are domestic courts reliable in enforcing foreign investors rights under agreements and under the law?
25) Are there instances of abuse of foreign investors? How cases of investor abuse handled?
26) Are international arbitral awards recognized and enforced in your country?
27) Are there foreign investment protection treaties in place between your country and major other countries?