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Q&A Regarding Foreign Exchange Management of Direct Investment (4)

Answer
Q:
How can the foreign exchange income from the share conversion of an established overseas enterprise be disposed of?
A:
The foreign exchange income under the capital account obtained by a domestic institution as a result of capital reduction, share conversion, liquidation, etc. of an overseas enterprise shall be recorded in the special foreign exchange account for asset realization, or retained overseas with the approval of the SAFE.

Q:
What form of payment should be made by domestic institutions to transfer their share of enterprises directly invested overseas to other domestic institutions?
A:
Where a domestic institution transfer all or part of its share in an enterprise with overseas direct investment to another domestic institution, the relevant funds shall be paid in RMB within the territory.

Q:
Does the enterprise still need to handle foreign exchange annual inspection now?
A:
The foreign exchange annual inspection for direct investment has been abolished, and stock equity registration has been implemented instead. Relevant market entities shall submit the stock equity data of domestic direct investment and (or) foreign direct investment at the end of the previous year before September 30 of each year by themselves or by entrusting accounting firms and banks.

Q:
Does it need approval to open a foreign exchange capital account?
A: Opening a foreign exchange capital account does not require approval, and the bank will handle the account opening procedures for the account opening entity based on the registration information of the relevant business system of the foreign exchange bureau.

Q:
Are there any restrictions on the foreign exchange capital account?
A: Restrictions on opening foreign exchange capital accounts in different locations have been removed. The capital inflow quota shall be set for foreign-invested enterprises as the main body, the restriction on the number of foreign exchange capital accounts opened shall be abolished, and the inflow quota of a single foreign exchange capital account shall be abolished.

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