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Q&A Regarding Overseas Loans by Domestic Enterprises in China

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Q: What does "domestic enterprises' overseas lending" refer to?
A: It refers to the act where domestic non-financial enterprises, based on the agreed amount, interest rate, term, and purpose stipulated in the contract, provide funds for cross-border financing to qualified overseas enterprises within the country.

Q: Do domestic enterprises need to register when making loans abroad?
A: After domestic enterprises sign the overseas lending agreement with the borrower, before making the loan to the borrower, they should apply for registration at the local foreign exchange bureau branch of the country where the registration is made. The amount of overseas lending that has been registered must be used within 2 years (inclusive). If it exceeds 2 years, the portion that has not been remitted will automatically become invalid.

Q: Do domestic enterprises need to undergo cancellation registration after fully recovering the principal and interest of the loans?
A: If the overseas lending principal and interest have been fully recovered, or if there is no actual need for fund remittance after completing the overseas lending registration, the lender can present the written application and other relevant documents such as the business registration certificate to the bank that handled the overseas lending business to handle the cancellation registration of overseas lending. Other cancellation registrations of overseas lending shall be handled at the local foreign exchange bureau branch of the registration location.

Q: What are the requirements for the funds used by domestic enterprises for overseas lending?
A: Domestic enterprises should conduct overseas lending business using their own funds (including their own RMB, foreign currencies, and RMB funds purchased through foreign exchange), and must not use personal funds or utilize their own debts to provide funds for overseas lending.

Q: The funds for overseas lending should be used within the scope of the purposes stipulated in the overseas lending agreement, and they must comply with certain regulations?
A:
  1. It is prohibited to violate national laws and regulations as well as relevant requirements of national macro-control.
  2. It is not allowed to be directly or indirectly used for activities beyond the borrower's business scope.
  3. It is not permitted to be used to circumvent management policies such as foreign direct investment and securities investment.
  4. It is forbidden to violate relevant regulations on anti-money laundering, anti-terrorist financing, and anti-tax evasion.

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