1. 1 Purchase and payment of foreign exchange from funds obtained from liquidation of foreign-invested enterprises.
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) application report (basic information of the enterprise, liquidation, methods and basis for distributing surplus funds to investors, calculation method of actual remittance amount, tax payment, etc.). );
(2) The original and photocopy of the approval document of the business department for the liquidation and closure of the enterprise, or the announcement (certification document) of the business license revoked by the business department or the certification document that the enterprise should be liquidated when it expires;
(3) The original and photocopy of the liquidation resolution of the liquidation committee;
(4) General liquidation provides the liquidation audit report issued by the accounting firm, and special liquidation provides the original and photocopy of the liquidation report confirmed by the commercial department;
(5) The original and photocopy of the foreign exchange registration certificate of the foreign-invested enterprise;
(6) Original and photocopy of bank statement 1 day before application;
(7) Cancellation of the original and photocopy of the tax registration certificate;
(8) The original and photocopy of the capital verification report;
(9) Supplementary explanatory materials that should be provided for the aforementioned materials.
1.2 foreign exchange purchase and payment for foreign equity transfer of foreign-invested enterprises
Processing basis:
(1) Regulations on the Administration of Settlement, Sale and Payment of Foreign Exchange (Yinfa [1996] No.210);
(2) Notice on Several Issues Concerning Capital Change of Foreign-invested Enterprises ([96] Keiko Hanzinuo. 188);
(3) Notice on Authorizing Sub-branches to Handle Foreign Exchange Business of Enterprises with Foreign Investment (Huifa [1999] No.397);
(4) Notice on Improving Foreign Exchange Management of Foreign Direct Investment (Huifa [2003] No.30).
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) application report (basic information of the enterprise, shareholding structure, investment progress of the applicant enterprise, investment account, etc.). );
(2) The original and photocopy of the foreign exchange registration certificate of the foreign-invested enterprise;
(3) The original and photocopy of the share conversion agreement;
(4) The original and photocopy of the approval document of the commercial department for the change of the equity structure of the invested enterprise;
(5) The original and photocopy of the business license, approval certificate, approved contract and articles of association of the invested enterprise after the equity change;
(6) The original and photocopy of the capital verification report of the invested enterprise;
(7) The original audit report of the invested enterprise issued by the accounting firm or the original and photocopy of the effective asset evaluation report;
(8) the tax payment voucher related to the income due to the beneficiary after the share conversion or the tax payment voucher of the intermediary agency;
(9) Original and photocopy of the buyer's relevant foreign exchange account statement on 1 day before the application;
(10) Supplementary explanatory materials to be provided for the above materials.
1.3 Foreign-invested enterprises reduce foreign exchange purchase and payment.
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) application report (explain the reasons for capital reduction, etc. );
(2) The original and photocopy of the foreign exchange registration certificate of the foreign-invested enterprise;
(3) The original and photocopy of the approval document and business license of the commercial department agreeing to reduce capital; (4) The original and photocopy of the capital verification report;
(five) the original and photocopy of the resolution of the board of directors of the enterprise to reduce capital;
(6) Original and photocopy of foreign exchange account balance statement on 1 day before application;
(7) Supplementary explanatory materials that should be provided for the aforementioned materials.
1.4 examination and approval of foreign exchange purchase and payment by foreign-invested enterprises with foreign investors recovering their investment for the first time (including fixed return)
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) a written application (stating the terms of the cooperation contract on repayment of foreign investment, the repayment amount, the year of repayment of investment, whether to pay with its own foreign exchange, if foreign exchange is purchased, the foreign exchange bank, whether it has been approved by the competent financial department, etc.). );
(2) The original foreign exchange registration certificate of the enterprise;
(3) Cooperation contracts that come into effect after approval;
(4) Capital verification report;
(five) the resolution of the board of directors of the enterprise on the repayment of foreign investment;
(6) If the investment is recovered in the form of profit, the annual income tax payment certificate or tax reduction or exemption certificate shall be provided;
(7) Balance sheets of all foreign exchange accounts on the date of application;
(eight) the audit report of the year of repayment of foreign capital;
(9) If the investment is recovered before tax or foreign capital is recovered by depreciation of fixed assets or amortization of intangible assets, the approval of the competent financial department shall be provided;
(10) If the foreign investor recovers the investment in advance by withdrawing the depreciation expenses of the fixed assets of the cooperative enterprise, and the debts of the cooperative enterprise include bank loans and loans from foreign shareholders, the foreign investor shall provide a letter of guarantee with the corresponding amount issued by a foreign-funded financial institution established in China; If the debt of a contractual joint venture is only a loan from a foreign shareholder, the foreign shareholder shall issue a letter of guarantee and unconditionally bear joint and several liability for the debt of the contractual joint venture.
2. Examination and approval of changes in foreign exchange capital of foreign-funded fund management companies
2. 1 foreign shareholders of foreign-funded fund management companies transfer shares to purchase and pay foreign exchange
Basis for handling: Notice of the State Administration of Foreign Exchange on Foreign Exchange Management of Fund Management Companies with Foreign Shares (Huifa [2003] No.44).
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) application report;
(2) Share conversion agreement;
(three) the approval documents of the China Securities Regulatory Commission and the Ministry of Commerce on the share conversion;
Bank statements of all foreign exchange accounts of the transferee in the current period;
(5) If the foreign party benefits from the share conversion, the transferee shall issue a tax payment certificate for withholding income tax.
2.2 Foreign shareholders of foreign-funded fund management companies reduce (withdraw) their capital
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) application report;
(2) The resolution of the board of directors of the company on the reduction (withdrawal) of foreign shareholders;
(three) the approval documents of the China Securities Regulatory Commission and the Ministry of Commerce agreeing to reduce (refund) the capital;
(4) the company's capital verification report and audit report issued by the accounting firm;
(five) the bank statement of the company's foreign exchange fund account the day before the application;
(6) If the foreign party has income from capital reduction (withdrawal), it shall issue a tax payment certificate for withholding income tax.
3. Approval of remittance of funds for overseas listed foreign-funded companies to buy back overseas listed shares.
Handling basis: Notice of the State Administration of Foreign Exchange and China Securities Regulatory Commission on Further Improving Foreign Exchange Management of Overseas Listing (Huifa [2002] No.77).
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) Description of repurchase (including the source of repurchase funds, repurchase schedule, resolutions of shareholders' meeting, banks to be selected, etc.). );
(2) Application for purchase and payment of foreign exchange or remittance of funds;
(3) An application for opening an account abroad;
(4) Letter of commitment from the company (the materials promised to report to the foreign exchange bureau are true);
(5) Audited financial statements for the last two years:
(6) Foreign exchange registration form for overseas listed shares of foreign-funded companies listed overseas (registered before issuing shares).
4. Non-resident domestic real estate transaction funds remittance approval
Handling basis: Reply on Several Issues Concerning Foreign Exchange Management of Houses for Export and Domestic Sale (Huifu [2000] No.246).
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) Proof that overseas legal persons and natural persons purchased domestic real estate with foreign exchange, including bank remittance voucher or customs declaration form and real estate sales invoice;
(2) transfer registration certificate, real estate transfer contract and tax payment certificate issued by the real estate management department;
(3) Valid identification certificates such as passports of overseas legal persons and natural persons;
(4) Supplementary explanatory materials that should be provided for the aforementioned materials.
5. Foreign exchange payment and quota approval for overseas investment of insurance foreign exchange funds.
Handling basis: Interim Measures for the Administration of Overseas Use of Insurance Foreign Exchange Funds (Order No.9 of the CIRC of the People's Bank of China in 2004).
Acceptance period: within 20 working days from the date of accepting the application.
Submission: An insurance company engaged in overseas use of foreign exchange funds shall apply to the State Administration of Foreign Exchange for remittance of overseas investment within the balance of foreign exchange funds at the end of last year, and submit the following documents and materials in triplicate:
(1) application, which shall at least include the basic information of the applicant, the amount of foreign exchange payment to be applied for and the investment plan;
(2) The company's financial statements and foreign currency balance sheets audited by an accounting firm in the previous year;
(3) solvency status reports audited by accounting firms at the end of last year and quarter and their explanations;
(four) the introduction of the internal professional fund utilization department or the relevant insurance asset management company;
(5) Internal management system and risk control system;
Resumes of professionals engaged in overseas investment;
(seven) the relevant materials of the domestic custodian and the draft custody agreement;
(8) Relevant materials of overseas trustees and the draft agreement on entrusted management of assets, unless there is no overseas trustee.
6. Examination and approval of fund remittance under special circumstances under overseas futures hedging of state-owned enterprises.
Handling basis: Notice on Printing and Distributing the Operating Rules for Foreign Exchange Management of Overseas Futures Hedging Business of State-owned Enterprises (Trial) (Huifa [2006 54 38+0] 150No.).
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) Confirmation letter of annual risk exposure registration of futures business issued by the foreign exchange bureau;
(two) the overseas futures business license issued by the China Securities Regulatory Commission;
(3) Other materials as stipulated by the State Administration of Foreign Exchange.
7. Approval of remittance of foreign exchange funds for overseas lending by multinational companies
Handling basis: Notice of the State Administration of Foreign Exchange on Relevant Issues Concerning the Internal Operation and Management of Foreign Exchange Funds of Multinational Corporations (Huifa [2004] 104)
Acceptance period: within 20 working days from the date of accepting the application.
Submission: If a multinational company intends to lend foreign exchange funds abroad, it shall submit the following materials to the State Administration of Foreign Exchange through the local foreign exchange bureau after the signing of the loan agreement:
(1) application;
(2) The loan agreement signed between the lender and the overseas borrower, or the loan agreement signed between the lender and the overseas borrower and the domestic entrusted financial institution; Overseas borrowers further use the borrowed foreign exchange funds for investment operations such as stocks, bonds and options. The overseas member company shall also specify the investment entrustment clauses of the lender to the overseas borrower in the loan agreement;
(3) The financial audit report of the lender in the latest year, including the statement of foreign exchange receipts and payments;
(4) the lender's capital verification report;
(5) An explanation of overseas loans and their repayment;
(6) A Chinese-funded multinational company shall also provide a list of its overseas member companies, copies of the approval certificates of the competent commercial authorities of each overseas member company, as well as the financial statements of overseas borrowers in the latest year and the joint annual inspection report on overseas investment directly related to overseas borrowers;
(7) A foreign-funded multinational company shall also provide a list of its domestic member companies, a copy of the foreign exchange registration certificate of each domestic member company, and a letter of guarantee for the safety of loan funds issued by the overseas holding parent company (to ensure that the overseas loans provided by domestic lenders and their further investment operations can fully recover the principal). After examination, the State Administration of Foreign Exchange issued a reply document, approving it to engage in overseas lending.
The foreign exchange bureau in the place where the lender is located and the foreign exchange bureau in the place where the lending enterprise is located shall, on the basis of the above approval documents, issue the approval documents for overseas payment of foreign exchange business in foreign exchange capital projects to the lender and the lending enterprise.
8. Overseas listed foreign-funded enterprises pay overseas listing fees from China.
Handling basis: Notice of the State Administration of Foreign Exchange on Improving the Administration of Foreign Exchange Listed Abroad (Huifa [2003] 108)
Acceptance period: within 20 working days from the date of accepting the application.
Submit:
(1) foreign exchange registration form for overseas stocks of overseas listed foreign-funded companies (registered before issuing stocks);
(2) There is no written commitment to evade foreign exchange;
(3) Payment contract or agreement of relevant expenses, etc.