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Corporate Service - China

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Reporting Obligations for Chinese ODI Investors

Answer
Q:
What are the reporting obligations to the commerce bureau for Chinese ODI investor?
A:
The main reporting obligations to the competent commerce bureau include:

  • Reporting of the Registration Status of the Overseas Enterprise
  • Reporting of Emergency
  • Monthly Reporting of Direct Investment
  • Semi-annual Reporting
  • Annual Reporting

Q:
What are the reporting obligations to the development and reform commission for Chinese ODI investor?
A:
The main reporting obligations to the competent development and reform commission include:

  • Reporting of Seriously Adverse Circumstances
  • Reporting of Project Completion

Q:
What are the reporting obligations to the foreign exchange administration bureau for Chinese ODI investor?
A:
The domestic investors (including financial institutions and domestic individual shareholders of special purpose companies) that have completed the ODI registration with the foreign exchange administration bureau before December 31 of last year shall submit and report the overseas direct investment data of last year to the foreign exchange administration bureau even if there is no capital injection (contribution) or business operation. The specific reporting time shall be subject to the notice issued by the State Administration of Foreign Exchange and its local branches each year.

Q:
What are the consequences if the Chinese ODI investor fails to comply with the reporting obligation to the foreign exchange administration bureau?
A:
If an investor fails to report or delays to report the overseas direct investment data of last year as required by the law, it will be controlled and punished by the competent foreign exchange bureau. The enterprises controlled by the foreign exchange administration bureau are not allowed to conduct any foreign exchange transaction under the capital account.

Q:
What are the consequences if the Chinese ODI investor fails to comply with the reporting obligation to the commerce bureau?
A:
Failure to comply with the reporting obligations as required by the laws and regulations may result in joint punishment of the relevant authorities.

Q:
What are the consequences if the Chinese ODI investor fails to comply with the reporting obligation to the development and reform commission?
A: The domestic investor and the relevant responsible persons may be given disciplinary warnings by the competent development and reform commission if the investor fail to comply with the reporting obligations and refuse to correct within the time limit.

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