Regarding overseas investment, my country’s “Regulations on the Administration of Overseas Investment by Enterprises” defines it as follows: overseas investment refers to investment activities in which enterprises within the People’s Republic of China (hereinafter referred to as “investment entities”) directly or through overseas enterprises controlled by them acquire overseas ownership, control, management rights and other related rights and interests by investing assets, equity or providing financing, guarantees, etc. Overseas investment activities include but are not limited to the following situations: ① Acquisition of overseas land ownership, use rights and other rights; ② Acquisition of overseas natural resource exploration, development franchise and other rights; ③ Acquisition of overseas infrastructure ownership, operation and management rights and other rights; ④ Acquisition of overseas enterprises or assets ownership, operation and management rights and other rights; ⑤ New construction or expansion of overseas fixed assets; ⑥ New overseas enterprises increase investment in existing overseas enterprises; ⑦ New establishment or participation in overseas equity investment funds; ⑧ Control of overseas enterprises or assets through agreements, trusts, etc.; In short, domestic enterprises setting up subsidiaries overseas or directly or indirectly owning more than half of the voting rights of overseas enterprises, or although not owning more than half of the voting rights, being able to control the operation, finance, personnel, technology and other important matters of the enterprise, all belong to outbound investment.
Chapter 3 of the Measures for the Administration of Overseas Investment by Enterprises stipulates that enterprises need to comply with laws and regulations when conducting overseas investment. If sensitive countries, regions and industries are involved, approval management is required; non-sensitive countries, regions and industries are subject to filing management. Document No. 11 of the National Development and Reform Commission of the People’s Republic of China.
Enterprises need to provide the following application materials for overseas investment management.
①Application form, mainly including the investment subject, the name of the overseas enterprise, the equity structure, the investment amount, the business scope, the source of investment funds, the specific content of the investment, etc.;
②Overseas investment application form;
③Overseas investment related contracts or agreements;
④Materials on the relevant departments’ approval of the import of the products or technologies involved that are subject to export restrictions of the People’s Republic of China;
⑤Copy of the business license of the enterprise;
⑥ID card information of the person in charge, etc.
The application template for establishing an overseas investment enterprise is as follows:
Application for establishing an overseas investment enterprise (sample text)
xxx (Chinese application single residence document number)
Request for xxxx Company (domestic) to establish xXXx Company (overseas) in xxxx country
Ministry of Commerce:
xxxx Company (Chinese) is approved to register and establish xxxx Company (overseas) (hereinafter referred to as the company) in country X. The total investment of the company is xxxx yuan, and the registered capital is xxxx yuan. The company’s business scope is:…………. The company’s operating period is xx years.
The application materials for the establishment of the company are now submitted for review.
Contact person: xxx Contact number: xxx
Attachments: (Provide complete application materials in accordance with regulations and list them one by one)
xxxx Company (applicant, stamped with the official seal of the unit)
xxxx year xx month xx day