How does the process of filing for an overseas investment work?

1. Project approval - apply for the project to the development and reform department and the committee department, submit the project information, and the domestic investor signs the required legal documents, and waits for the approval or preparation of documents or filing notices by the development and reform department.

2. Examination and approval of the Ministry of Commerce - the Ministry of Commerce shall approve or file with the Ministry of Commerce and issue the Certificate of Overseas Investment of Enterprises, and the enterprise shall carry out overseas investment within 2 years of receiving the certificate.

3. Filing with the State Administration of Foreign Exchange - banks release foreign exchange, and the State Administration of Foreign Exchange supervises. If the investment amount is more than 5 million US dollars, it is necessary to report to the foreign exchange department. After the examination and approval by the foreign exchange management department, it shall apply the foreign exchange registration certificate for domestic and foreign direct investment.

1. Establish a project.

Apply for the project to the first department, submit the relevant information of the project, and the domestic investor signs the legal documents required for the filing, and waits for the approval or filing of the development and reform department, and issues the approval documents or filing notice.

2. The Ministry of Commerce approves and issues certificates.

The Ministry of Commerce shall approve or file and issue the Certificate of Overseas Investment of Enterprises, and the enterprise shall carry out overseas investment within 2 years of receiving the certificate, otherwise the filing will expire.

3. Filing with the State Administration of Foreign Exchange.

If the bank lends foreign exchange and is supervised by the State Administration of Foreign Exchange, and the investment amount is more than 5 million US dollars, it must be reported to the foreign exchange department. After examination, the foreign exchange administration department will issue the Foreign Exchange Registration Certificate for Overseas Direct Investment to the domestic enterprise. In practice, the competent department of commerce and the review of overseas investment are independent of each other in principle, and there is no need to complete one examination and approval and then submit another for approval, and can be submitted separately at the same time.

Overseas investment shall be registered by the industrial and commercial department.

There are three steps required to handle the filing of overseas investment, the first is the overseas investment certificate, which needs to be handled by the Municipal Ministry of Commerce, and the processing time is about 20 working days. Second, the filing notice of overseas investment projects needs to be handled locally, and the processing time is about 50-65 working days. The third is foreign exchange processing, to open an account in the bank, the processing time is about 20 working days, depending on the opening bank, the overall processing time is generally longer, so many people find a third-party ** company to handle, the third party ** company is relatively short, generally about 2-4 days, the overall about 7 working days can be completed, depending on your own choice.

Overseas Investment Filing ProcessThe acceptance method for overseas investment filing is written acceptance. The process is 1First register the basic information of Shanghai Pudong company online, 2

After filling in the materials, submit the electronic materials, 3At the same time, submit the paper version of the document to the Beijing Municipal Commission of Commerce.

4.Then the staff of the business committee will come and review your company's materials.

5.The time is approximately: 3-5 working days, 6If there is a problem with the company's documents during the audit, (we will be notified that there is a problem, and then we will take the materials back for modification, and then submit them after the modification).

7.If you pass the authenticity review of the staff of the Commerce Commission, the teacher will also call ** to receive the certificate, and the document we receive at this time is the "Enterprise Overseas Investment Certificate".

1. Establish a top: apply for the project to the department and the department of the system committee, submit the project information, and the domestic investor signs the required legal documents, and issues the approval documents or filing notice to the development and reform department.

2. Examination and approval of the Ministry of Commerce - the Ministry of Commerce shall approve or file with the Ministry of Commerce and issue the Certificate of Overseas Investment of Enterprises, and the enterprise shall carry out overseas investment within 2 years of receiving the certificate.

3. Filing with the W Exchange Administration: Y Bank releases W Exchange, and the State Administration of Foreign Exchange supervises. If the investment amount is more than 5 million US dollars, it is necessary to report to the foreign exchange department. After examination and approval, the foreign exchange department will issue the Registration Certificate for Overseas Direct Investment to the domestic enterprise.

(1) Project initiation: apply for the project to the development and reform department and the committee department, submit the project information, and the domestic investor signs the required legal documents, and issues the approval documents or filing notice pending the approval or filing of the development and reform department.

2) The Ministry of Commerce shall approve and issue the certificate for the approval or filing of the commercial department, and issue the "Certificate of Overseas Investment of Enterprises", and the enterprise shall carry out overseas investment within 2 years of receiving the certificate. The Certificate of Overseas Investment of Enterprises is valid for two years and will become invalid after the expiration date.

3) The State Administration of Foreign Exchange (SAFE) shall record the release of foreign exchange by banks, and the State Administration of Foreign Exchange shall supervise it. After review, the foreign exchange department will issue the Foreign Exchange Registration Certificate for Overseas Direct Investment to the domestic enterprise

1. Overseas investment filing form;

2. A copy of the business license of the enterprise;

Relevant board resolutions or capital contribution resolutions.

Latest audited financial statements.

Explanation of the implementation of the preliminary work.

M&A outbound investment is required to submit the Preliminary Report Form for Overseas M&A Matters

Letter of Commitment for the Authenticity of Overseas Investment) can consult Ruifeng Deyong financial and tax consultants.

Overseas enterprises cannot directly operate in the mainland and need to apply for overseas investment filing. From 1 March 2018, the Measures for the Administration of Overseas Investment by Enterprises came into effect. The Measures aim to strengthen macro guidance on outbound investment, optimize comprehensive services for outbound investment, improve the supervision of the whole process of outbound investment, and promote the sustainable and healthy development of outbound investment.

1) *** project approval.

Apply for the project to the NDRC and the committee department, submit the project information, and the domestic investor signs the required legal documents, and issues the approval documents or filing notice to the NDRC for approval or filing.

2) The Ministry of Commerce examines and issues certificates.

The Ministry of Commerce shall approve or file and issue the Certificate of Overseas Investment of Enterprises, and the enterprise shall carry out overseas investment within 2 years of receiving the certificate.

3) Filing with the State Administration of Foreign Exchange.

Banks lend foreign exchange, and the State Administration of Foreign Exchange supervises. If the investment amount is more than 5 million US dollars, it is necessary to report to the foreign exchange department. After review, the foreign exchange department will issue the Foreign Exchange Registration Certificate for Overseas Direct Investment to the domestic enterprise

The above are the approval steps, and the materials that need to be submitted include the detailed information of the overseas company, the audit report of the domestic main company, preferably the profit status, as well as the business license, bank account opening, official seal, etc.

Projects that implement record management:

If the investment entity is a ** management enterprise (including ** management financial enterprise, *** or *** enterprise directly managed by the affiliated institution), the filing authority is the National Development and Reform Commission;

If the investor is a local enterprise and the Chinese investment amount is US$300 million or more, the filing authority is the National Development and Reform Commission;

If the investor is a local enterprise and the Chinese investment amount is less than US$300 million, the filing authority is the provincial-level development and reform department of the place where the investor is registered.

1. Apply for the "Notice of Filing of Overseas Investment Projects".

2. The Ministry of Commerce applies for the "Certificate of Overseas Investment of Enterprises".

3. SAFE applies for foreign exchange registration.

1. Enterprises carrying out overseas investment subject to filing management shall be reported to the Ministry of Commerce for the record; Local enterprises shall report to the local provincial competent department of commerce for the record.

2. Enterprises carrying out overseas investment involving sensitive countries and regions and sensitive industries that are subject to approval and management shall be subject to approval and management, and the enterprises shall apply to the Ministry of Commerce, and local enterprises shall apply to the Ministry of Commerce through the local provincial competent department of commerce.

3. Where two or more enterprises jointly carry out overseas investment, the relatively large shareholder shall go through the filing or application for approval after seeking the written consent of the other investors. If the shareholding ratio of all parties is equal, one party shall go through the filing or application for approval after negotiation. If the investors do not belong to the same administrative region, the Ministry of Commerce or the provincial-level competent department of commerce responsible for handling the filing or approval shall inform the competent commerce department of the place where the other investors are located of the results of the filing or approval.

1. Can a legal person report the loss of the official seal if the official seal is taken away by the shareholder?

Yes, after the loss of the official seal, you should hold the business license and relevant supporting materials to the local public security bureau of the special industry management department of the public security section to register and repeal, and at the same time publish the original official seal invalidation statement on the **, under the guidance of the public security section, change the original seal graphics, fonts and re-handle. In general, the process is as follows:

1. Report the loss to the Industrial and Commercial Bureau, handle the change of relevant documents, and publish the statement that the original official seal is invalid on the **.

2. Inform all customers, especially those in the execution of the contract, that the company's official seal has been lost, and please pay attention to verify the authenticity of the letter.

3. Change the style of the official seal and notify all units.

4. Change the official seal style to the relevant taxation and commerce departments.

2. What is the evaluation procedure for the transfer of state-owned equity?

1.Before the asset appraisal, the enterprise shall report the specific status of the relevant matters to the State-owned Assets Supervision and Administration Agency.

2.The enterprise submits an application for approval of the asset appraisal project and submits relevant documents;

3.State-owned assets supervision and administration shall be reviewed on the relevant trouser matters;

4.After receiving the appraisal report issued by the asset appraisal agency, the enterprise shall apply for filing and go through the filing procedures.

Article 14 of the Measures for the Administration of Overseas Investment by Enterprises implements record-filing management, if the investment entity is a first-class management enterprise (including a first-class management financial enterprise, a first-class or a first-class institution directly managed by an enterprise), the filing authority is the National Development and Reform Commission; If the investor is a local enterprise and the Chinese investment amount is less than US$300 million, the filing authority is the provincial-level development and reform department of the place where the investor is registered.

The first step for ordinary enterprises to handle the registration and filing of overseas investment is to apply for the "Notice of Filing of Overseas Investment Projects", and the second step is to apply for the "Overseas Investment License" from the Ministry of Commerce.