What are the implementation rules of the foreign exchange management measures for offshore investment
- 2023/2/26 15:15:00
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What are the implementation rules of the forex trading session times forextradingmarket management measures for offshore cashback forex: First, in order to implement the "Foreign Exchange Management Measures for Offshore Investment" (hereinafter referred to as "Measures"), these rules are formulated Second, the State Administration of Foreign Exchange forextradingtime its branch offices (hereinafter referred to as the foreign exchange management department) is the management authority for foreign exchange matters related to offshore investment, responsible for the management and statistics of capital export and import Third, the overseas investment referred to in the Measures refers to the enterprises and legal persons established in accordance with the General Principles of Civil Law, or other economic organizations that have obtained legal person status, which are wholly-owned or joint-venture enterprises, companies, financial institutions, and other types of institutions with local legal person status established in accordance with local laws through the purchase of shares, equity participation or new registration. organs have made investments abroad, shall comply with the provisions of the Measures to the foreign exchange administration to supplement the relevant materials, apply for registration procedures, and the required foreign investment enterprise equity transfer or entrusted to the domestic qualified foreign investment management, the relevant transfer or power of attorney reported to the foreign exchange administration for the record Fourth, the foreign investment project is jointly organized by two or more domestic investors, the party with the greater capital contribution V. The domestic investor who intends to invest abroad with foreign exchange funds shall provide the following information and proof before applying to the competent state department for approval of the overseas investment, and the foreign exchange management department shall review the foreign exchange risk of the investment and review the source of foreign exchange funds: (1) the country (region) where the investment is made (2) the foreign exchange management regulations of the country (region) where the investment is made, as well as the regulations governing the control of the foreign investors investment share capital, profits and other legal gains. (3) the economic feasibility analysis report of the foreign investment project and the report of the investment recovery plan verified by the accounting firm of the country (region) where the investment is made; (4) the creditworthiness of the joint venture or partner and the compliance of the investment with the laws of the country (region) where the investment is made as certified by the law firm of the country (region) where the investment is made. (5) issued by the competent department of the domestic investor to prove the source of foreign exchange funds for investment; (6) my embassy in foreign countries to review the project; (7) other documents required to be submitted by the foreign exchange authorities in the purchase of foreign enterprises or factories, in addition to providing the above materials, should also provide the business or factory in the past three years, the financial situation and assets and liabilities Balance sheet and other materials VI. Domestic investors who intend to invest abroad in the form of machinery, equipment, industrial property or labor services in non-cash form, in addition to the information specified in Article 5, 1, 2, 3, 4 and 6, should also submit the machinery, equipment, technology used in the investment and the technology, performance and price ratio of equivalent products in the country where the investment is made before applying to the competent state department for approval of overseas investment VII. Foreign exchange management departments of foreign investment projects of foreign exchange risk review and review of foreign exchange sources of funds, should be submitted within 30 days after the domestic investor to the above information and proof to make a written review of the conclusions 1. (4) the investment currency and the investment country currency exchange rate changes and possible changes; (5) whether the investment recovery plan is reasonable 2. Management may also approve the use of other foreign exchange (2) the deposit account should have sufficient savings in the domestic investors own foreign exchange account in the entire investment period, the amount of foreign exchange should be reserved for 15% of the investment amount, such as multiple investments, the investment period referred to in this article is from the beginning of the first investment period to the termination date of the latest investment period, the amount of the account is the highest amount of investment projects, or the most risky The domestic investors RMB savings account shall retain the equivalent of three months of income, or the equivalent of this amount of treasury bills and marketable securities throughout the investment period (3) The domestic investors debts are reasonable and can control the debts owed Eight, after the approval of the competent authorities of the overseas investment project, the domestic investor shall go to the foreign exchange administration department with the relevant materials specified in the "Measures" for registration and Investment foreign exchange funds remittance procedures foreign exchange management departments of overseas investment enterprises to establish a file, the implementation of effective supervision and management IX, the remittance of foreign investment foreign exchange funds, should be deposited after the remittance of profit margin for the remittance of profit margin deposited in a special account opened by the foreign exchange management department in the bank X, the remittance of profit guarantee special account foreign investment remittance foreign exchange funds in more than 1 million U.S. dollars less than 5 million U.S. dollars If it is verified that it is difficult to deposit the remittance profit margin by cash remittance, it can deposit the remittance profit margin with the corresponding proportion of foreign exchange quota and open a special account for remittance profit margin in the foreign exchange administration department XI. Foreign exchange authorities to make a written commitment to ensure that the overseas investment enterprises to remit profits or other foreign exchange earnings on schedule The above written commitment and other written commitments should be approved by the State Administration of Foreign Exchange, before it can take effect XII, to machinery and equipment, industrial property or labor services and other non-cash form of overseas investment, according to the following requirements for the relevant procedures (2) foreign investment in the form of machinery, equipment, industrial property rights or labor services and other non-cash, the foreign exchange authorities may decide on a case-by-case basis the amount of its domestic investors to deposit the repatriation profit margin or the investor to make a written commitment to the foreign exchange authorities XIII. Foreign exchange funds of wholly-owned enterprises, in principle, should be deposited in the location of Chinese financial institutions, such as the location of no Chinese financial institutions, or for special needs, should choose the good credit of the relevant banks to open an account, and reported to the foreign exchange administration for the record Foreign exchange funds of foreign enterprises, in principle, shall not be deposited in the name of the Chinese individual outside the country, such as special needs, should be reported to the State Administration of Foreign Exchange for approval In addition to the provisions of local law, in principle Foreign enterprises shall not be allowed to hold securities in the name of individuals, such as stocks, bonds and other securities must be held in the name of individuals, the relevant notarization of the actual beneficiary of the securities held should be done through a local law firm 14. The foreign enterprise shall be a limited liability company, the domestic investor and the domestic authorities shall not assume any responsibility for the foreign enterprise according to its operational needs, can raise funds abroad, where the domestic institutions to provide guarantees, according to the "Provisional Measures for the Administration of Foreign Exchange Guarantees provided by Domestic Institutions" and other relevant provisions of foreign exchange guarantees. The investor shall submit the balance sheet, property catalog, property valuation and other information to the foreign exchange authorities for the record after liquidation, and transfer the foreign exchange assets due to the Chinese side back to the territory within 30 days after the liquidation, and shall not be diverted for other uses or deposited in the territory without authorization 17. Without the approval of the foreign exchange authorities, they must be transferred back to the territory on a regular basis, and cannot be diverted for other purposes or deposited abroad. (1) If the foreign investor invests abroad with its own foreign exchange, the full amount will be retained within 5 years from the date of registration of the foreign enterprise in the territory; after 5 years, 20% will be paid to the state and 80% will be retained in the territory. (2) In the case of investment in machinery, equipment, technology or labor services, the repatriated profits or other foreign exchange proceeds shall be retained in the above proportion. Balance sheet, capital utilization statement, capital gain/loss statement and other relevant financial statements year-end financial statements should be verified by a locally registered accounting firm Twenty, the foreign exchange administration has the right to supervise and inspect the foreign exchange income and expenditure of overseas investment projects, the overseas investment enterprise should actively cooperate and provide convenience to its domestic investors must report truthfully and provide relevant materials, and shall not refuse or conceal Twenty-one. Foreign investment enterprises need to increase capital, shall be reported to the foreign exchange management department for foreign exchange risk review and review of the source of funds, in addition to the reasons for the increase in capital, should also provide the enterprises operating conditions in previous years and other materials 22, where the foreign investment entrusted to others, shall be reported to the foreign exchange management department and its competent department for approval and consent, and the foreign exchange management department to submit a power of attorney, the trustees local law firm issued by the Trustee credit certificate funds remittance in accordance with the "Measures" and the relevant provisions of these rules Trustee to report the trustees use of funds, project operations, profit recovery status, financial status and other information in accordance with the deadline Twenty-three, violation of the "Measures" and the provisions of these rules, the foreign exchange administration will, according to the severity of the circumstances, in accordance with the relevant provisions of the penalty Twenty-four, in Hong Kong and Macao for the above investment activities, in accordance with the "Measures" and the provisions of these rules 25. The State Administration of Foreign Exchange shall be responsible for the interpretation of these rules 26.