Overseas investment filing refers to the filing of investment projects (non-sensitive projects) carried out by enterprises legally established in the mainland of China through the establishment of new companies, mergers and acquisitions or other means in overseas (including Hong Kong, Macao and Taiwan) with the ministry of commerce and the national development and reform commission.
Other methods include: equity participation, capital increase, capital injection, and investment subject to provide financing and guarantee to implement overseas investment projects through their overseas enterprises or institutions.
Necessity of filing for overseas investment:
1. The regulatory authority orders the termination of the project.According to the provisions of the measures for overseas management of enterprises, if a project carries out investment without obtaining the record notice, the record organ shall order it to suspend or stop the implementation of the project and make corrections within a time limit, and impose a warning on the investment subject and the responsible person, and the criminal liability shall be investigated according to law if the case constitutes a crime.
Foreign exchange cannot be remitted.If the overseas investment is not recorded in accordance with the requirements, the investment funds cannot be remitted through the bank in the form of foreign exchange.
3. Limited financing.If a financial enterprise provides financing or guarantee for a project that falls within the scope of archival filing administration but fails to obtain the notice of archival filing, the national development and reform commission shall report the violation and request the relevant financial regulatory authorities to punish the financial enterprise according to law.
Application requirements:
1. Conditions for investors :(1) enterprises established in China according to law (recommended to be established for one year) (2) net assets are greater than the outward investment
2. Investment project conditions :(1) non-sensitive projects; (2) the investment amount of the Chinese side is no more than $1 billion; (3) the target enterprises invested are non-financial enterprises
I. filing process
1. Signing of legal documents (framework agreement, capital increase agreement, acquisition agreement, investment agreement, etc.) (involving parties: between trading parties)
2. Preparation of project declaration materials (involving subjects: investment subjects and consulting units)
3. Record of development and reform department (subject: national or local development and reform commission)
4. Record of commercial department (subject: ministry of commerce or local commercial department)
5. Foreign exchange registration (subject: the bank where the enterprise is registered)
Ii. Service process
1. Preliminary evaluation
2. Sign a contract
3. Provide project information
4. Preparation of reports
5. Submit a first draft
6. Customer feedback
7. Finalization of the report
8. File online
9. Acceptance by departments
10. Window delivery
11. Department approval
12. The filing was successful