ODI Filing Application for Foreign Investment

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What circumstances require overseas investment filing

Enterprise Operation Class

1. Domestic companies expand overseas markets and create overseas companies

2, Domestic enterprises have overseas cooperation projects, and overseas partners to create overseas companies

3. Restructuring of domestic enterprises and preparation for listing abroad

Investment category

1. Domestic enterprises or institutions intend to invest in overseas projects, raise funds to invest abroad, and subscribe for new shares issued by the project.

2. Domestic enterprises or institutions intend to invest in overseas projects and purchase old shares of overseas projects from overseas shareholders after raising funds.

3. Domestic enterprises or institutions intend to invest in overseas listed companies (only in the primary or primary semi-market, secondary market stock investment is not declared within the scope of ODI)

4. Domestic enterprises invest in overseas listed companies and assist in the privatization of listed companies.

Foreign Investment Filing Complete Approval Process

Basic materials

Development and reform commission:

1. Certificate of registration of investment entity

2. Equity structure diagram of the investment entity traced back to the ultimate actual controller

3, The latest audited financial statements of the investment entity.

4. Investment decision-making documents of investment entities

5. Agreements or similar documents with legal binding effect

6, Supporting documents to prove that the source of investment funds is true and compliant.

7, Overseas investment authenticity commitment.

Commission of Commerce:

1. Overseas Investment Filing Form

2, Foreign investment in the establishment of enterprises or mergers and acquisitions related articles of association (or contracts, agreements)

3. Resolution of Xiangguang Board of Directors or Internal Resolution

4. Description of the implementation of the preliminary work (including feasibility study report, description of the source of investment funds, analysis and evaluation of investment environment law, etc.

5, Overseas investment authenticity commitment.

6. Due Diligence Report

7, Overseas mergers and acquisitions matters preliminary report.

8. Other materials to be submitted according to the authenticity review work

ODI foreign exchange registration funds exit/return audit principle Domestic institutions with overseas funds or other overseas assets or equity to contribute overseas direct investment, should apply to the local bank for overseas investment foreign exchange registration. Banks shall review their compliance with the retention of overseas funds or the acquisition of overseas earnings, and shall not register foreign exchange for overseas direct investment if they are suspected of transferring their illegally retained overseas assets or interests to overseas investment.

The main audit materials are as follows:

1. The approval, filing documents or non-objection materials of the relevant competent authorities of the overseas investment.

2. Proof of the source of overseas investment funds, plans for the use of funds, and relevant resolutions of the relevant authority of the enterprise on overseas investment and other authenticity certification materials.