Q&A Regarding Foreign Debt of Chinese Enterprises (7)
Q: |
Can foreign debts of domestic enterprises be settled in foreign exchange? |
A: |
Foreign debts of foreign-funded enterprises and loans from international financial organizations or foreign governments can be settled in foreign exchange, while other foreign debts (including foreign debts of financial institutions and direct foreign commercial loans of Chinese-funded enterprises) cannot be settled in foreign exchange.
|
Q: |
Is there any limit on the amount of foreign exchange settlement that non-bank debtors can apply for foreign exchange settlement? |
A: |
The amount applied for foreign exchange settlement must be less than the unused balance in the foreign debt special account. |
Q: |
Can RMB funds be used to repay RMB loans issued by domestic financial institutions after foreign exchange settlement? |
A: |
After the settlement of foreign exchange, the RMB funds cannot be used to repay the RMB loans issued by domestic financial institutions. |
Q: |
When can the RMB funds obtained by the non-bank debtor from the foreign exchange settlement of foreign debts be transferred to the receiving account? |
A: |
Except for special purposes such as back-up funds, the RMB funds obtained from foreign exchange settlement shall be transferred to the payee within 5 working days from the date of foreign exchange settlement. |
Q: |
Is there any limit on the amount of debtors who accept overseas guarantees? |
A: |
Where a foreign-funded enterprise handles domestic loans and accepts overseas guarantees, it may directly sign guarantee contracts with overseas guarantors and creditors. Where a Chinese funded enterprise handles domestic loans and accepts overseas guarantees, it shall apply to the local foreign exchange bureau for the amount of domestic loans under foreign guarantee in advance. Chinese funded enterprises may directly sign guarantee contracts within the amount approved by the SAFE. |