background
The policy of cooperation of China's foreign investment policy according to the The Belt and Road joint construction and international capacity since 2017, the state adheres to the enterprise main body, market principles, government guidance, adhere to the implementation of foreign investment management a filing system based, to promote foreign investment facilitation and prevent foreign investment risk together,. We should verify the foreign investment projects of some enterprises in accordance with the relevant regulations, promote the transformation and upgrading of the domestic economy, and adhere to the strategy of "going out" to deepen our mutually beneficial cooperation with all the countries of the world and promote the sustained and healthy development of foreign investment.
What is the process of filing overseas investment reports? Do you know? The next thing is to tell you that, first of all, when Chinese enterprises want to invest abroad, the most important thing is to obtain approval, filing or registration of three competent departments, including the approval or filing of the national development and Reform Commission or the local development and Reform Commission, local economic and trade and information technology. The Commission, hereinafter referred to as the Commission, and the Ministry of foreign investment and economic cooperation of the Ministry of Commerce of People's Republic of China, are as follows:
1. approved or filed by the Commission by the Commission on foreign investment and economic cooperation of the Ministry of Commerce of People's Republic of China (two systems are recorded at the same time, and the information must be fully consistent)
It is necessary to submit the corresponding company information in two systems and prepare the following information:
A. business license
B. setting up enterprise or merger related articles in Chinese version of overseas investment
C. board resolution or capital contribution resolution
D. the latest annual audited financial statements (data indicators are required, please refer to Xiaobian).
E. description of the implementation of the preliminary work (including the adjustment, feasibility study, investment source description, investment environment analysis and evaluation). If it is a merger, it must be issued by third parties.
2. if the audit is successful, the paper will be submitted to the letter Committee / Ministry of Commerce after being sealed by the domestic company. Paper documents include:
A. business license
B. setting up enterprise or merger related articles in Chinese version of overseas investment
C. resolution of board of directors or capital contribution resolution
D. updated annual audited financial statements
The implementation of the early work of E.
F. domestic and overseas investment record form (one of the economic and Trade Commission and the Ministry of Commerce)
G. a letter of commitment for the authenticity of overseas investment (signed by the company's official seal and relevant investment policy personnel). The photocopy of the identity card of the signatory should also be stamped. In addition, overseas investment commitments should be signed with the board / capital resolution.
H. is part of the M & A, and we need to prepare the preliminary report form for overseas acquisition.
After more than 3. of the information is ready, submit it to the Credit Committee window. After the audit is passed, the certificate will be received. The specific time to receive the certificate will be in accordance with the SMS notification. Upon receipt of the certificate, a registration form will be received at the same time, and the registration form should be registered at the Embassy in China. The registration form should be returned to the letter Committee after the embassy seal is stamped.
4. in addition, the investment will be remitted to the overseas within two years after the certificate is issued, and the approval of the NDRC is also necessary for the smooth remittance to overseas. It is necessary to submit the corresponding company information in the local development and Reform Commission. In addition to the documents listed in the first point, it is necessary to prepare the letter of commitment, the report, and the company's own funds. All the above documents are uploaded to the NDRC system after the requirements are signed.
After the 5. local development and Reform Commission review and approval, it is necessary to fill in the information and upload the annexes on the national development and Reform Commission's website. The two system information needs to be consistent. The local development and Reform Commission will notice the approval of the NDRC's approval after seeing the two system information.
6. the annual report should be published annually after the approval of the economic and Trade Commission.