"Convertible bonds" refer to bonds that are converted into company stocks or other bonds according to the requirements of creditors and the conditions set at the time of issuance.
"Large negotiable certificates of deposit" refers to bank deposit certificates issued by banks that can be transferred and circulated in the financial market within a certain period of time.
"Commercial paper" refers to a negotiable debt instrument with a maturity of 2 to 270 days issued by the issuer to meet the liquidity demand. Article 4 The People's Bank of China is the examination and approval authority for domestic institutions to issue foreign currency bonds. The People's Bank of China authorizes the State Administration of Foreign Exchange and its branches (hereinafter referred to as the SAFE) to be specifically responsible for the examination and approval, supervision and administration of foreign currency bonds issued by domestic institutions. Article 5 Foreign currency bonds are divided into short-term foreign currency bonds and medium-and long-term foreign currency bonds.
"Short-term foreign currency bonds" refer to foreign currency bonds with a maturity of 1 year (inclusive).
"Medium-and long-term foreign currency bonds" refer to foreign currency bonds with a term exceeding 1 year (excluding 1 year). Article 6 Chinese-funded institutions issuing short-term foreign currency bonds abroad shall occupy the short-term foreign debt balance control index.
Chinese-funded institutions issuing medium-and long-term foreign currency bonds abroad should occupy the medium-and long-term foreign capital utilization plan indicators.
Domestic institutions issuing convertible bonds abroad shall occupy the indicators of the medium and long-term foreign capital utilization guidance plan.
Foreign-invested enterprises issuing foreign currency bonds other than convertible bonds abroad shall not implement the management of planned indicators. Article 7 The issuance of foreign currency bonds by domestic institutions must be approved by the State Administration of Foreign Exchange. Without the approval of the State Administration of Foreign Exchange, the bond issuance agreement signed without authorization is invalid. The foreign exchange bureau shall not register foreign debts, banks shall not open special accounts for foreign debts, and shall not remit principal and interest without authorization. Article 8 Chinese-funded institutions issue medium-and long-term foreign currency bonds under a regular credit evaluation system, and qualified Chinese-funded institutions can apply for issuing foreign currency bonds. Article 9 Domestic institutions planning to issue foreign currency bonds (including overseas branches of Chinese-funded financial institutions) shall submit this year's foreign currency bond issuance plan to the State Administration of Foreign Exchange as required. Article 10 Where a domestic institution issues foreign currency bonds and needs to obtain the credit rating of an overseas rating company, it shall submit the name of the rating agency, rating reasons, rating procedures and other relevant materials to the State Administration of Foreign Exchange for approval in advance. You can only apply for rating after approval. And report the rating results to the State Administration of Foreign Exchange within 15 days after obtaining the rating results. Article 11 A domestic institution issuing foreign currency bonds shall submit a written application and submit some or all of the following documents to the State Administration of Foreign Exchange for examination and approval:
(a) the issuer's performance, financial statements and foreign exchange receipts and payments for the last three consecutive years;
(2) The market, method, amount, currency, term, interest rate and various fees for issuing bonds, and the letter of intent for quotation;
(three) the main business and the main entrusted bank;
(four) the use and management of the funds raised by issuing bonds, and the preventive measures for exchange rate and interest rate risks;
(five) the feasibility study report of the project approved by the relevant state departments and its approval documents;
(6) documents certifying that the Chinese-funded institution has achieved the planned goal of utilizing foreign capital;
(seven) the rating results of rating agencies;
(eight) the source of funds and arrangements for bond repayment;
(nine) the issuance of convertible bonds, the approval documents of the the State Council Securities Commission and the implementation of the medium-and long-term utilization of foreign capital;
(10) Other necessary documents required by the State Administration of Foreign Exchange. Article 12 A national domestic institution issuing foreign currency bonds in Beijing or applying for rating abroad shall directly report to the State Administration of Foreign Exchange for examination and approval.
The issuance of foreign currency bonds or application for overseas rating by national domestic institutions and local domestic institutions not in Beijing shall be examined by the local foreign exchange bureau and reported to the State Administration of Foreign Exchange for approval.
Branches of national and local domestic institutions shall be authorized by their head office (head office) before they can be submitted for approval according to the procedures specified in the first or second paragraph of this article. Article 13 Domestic institutions shall issue foreign currency bonds according to the approval documents of the State Administration of Foreign Exchange. If the issuance conditions need to exceed the approved scope due to market changes, domestic institutions shall separately report to the State Administration of Foreign Exchange for approval. Article 14 After the issuance of bonds, bonds issued by domestic institutions to be listed in financial markets other than the place where the bonds are issued shall be reported to the State Administration of Foreign Exchange for the record within 5 days after listing. Article 15 Domestic institutions shall, within 15 days after the issuance of bonds, report the issuance of bonds, the prospectus of bond offering and other relevant documents to the State Administration of Foreign Exchange for the record. Article 16 Domestic institutions shall use the funds raised by issuing bonds for special purposes according to the approved purposes, and report the project progress and fund utilization efficiency of the previous year to the State Administration of Foreign Exchange for the record within 15 days at the beginning of each year. If you need to change the use of funds, you should obtain the consent of the original project examination and approval department in advance.