International Legal Vision | Multi-map Detailed Explanation of Enterprise ODI Filing Process
Published:
2024-08-20
According to Article 2 of the measures for the Administration of overseas Investment by Enterprises, overseas investment refers to the investment activities in which the People's Republic of China domestic enterprises (hereinafter referred to as "investment subjects") directly or through overseas enterprises under their control, obtain overseas ownership, control, operation and management rights and other relevant rights and interests by investing assets, rights and interests or providing financing and guarantees. The approval and filing of Overseas Direct Investment (ODI) is the first step for investors to make cross-border investments. The investment entity shall go through the approval or filing of the project by the Development and Reform Commission and the Ministry of Commerce, and apply to the SAFE for foreign exchange registration with the relevant approval documents. This article combs the relevant processes of ODI approval and filing of investment entities for reference. 1. investment entity ODI approval and filing process Picture Approval and Filing Process of 2. Development and Reform Commission 1. NDRC approval process Picture 2. NDRC filing process Picture 3. Approval and filing process of the Ministry of Commerce Picture 4. SAFE Registration Process Picture 5. Summary After the approval and approval of the Development and Reform Commission, the Ministry of Commerce, and the State Administration of Foreign Exchange, investment entities can set up companies overseas, legally remit funds and carry out investment projects to realize the globalization strategy. Lawyers can assist companies in preparing compliance materials to ensure that the filing process is accurate, interpret complex laws and regulations to avoid potential legal risks, provide strategic advice and optimize investment plans, and communicate with the approval department on the company's basis when necessary to ensure smooth approval and help the company successfully achieve its cross-border investment objectives.
According to Article 2 of the measures for the Administration of overseas Investment by Enterprises, overseas investment refers to the investment activities in which the People's Republic of China domestic enterprises (hereinafter referred to as "investment subjects") directly or through overseas enterprises under their control, obtain overseas ownership, control, operation and management rights and other relevant rights and interests by investing assets, rights and interests or providing financing and guarantees. The approval and filing of Overseas Direct Investment (ODI) is the first step for investors to make cross-border investments. The investment entity shall go through the approval or filing of the project by the Development and Reform Commission and the Ministry of Commerce, and apply to the SAFE for foreign exchange registration with the relevant approval documents. This article combs the relevant processes of ODI approval and filing of investment entities for reference.
1. investment entity ODI approval and filing process
Approval and Filing Process of 2. Development and Reform Commission
1. NDRC approval process
2. NDRC filing process
3. Approval and filing process of the Ministry of Commerce
4. SAFE Registration Process
5. Summary
After the approval and approval of the Development and Reform Commission, the Ministry of Commerce, and the State Administration of Foreign Exchange, investment entities can set up companies overseas, legally remit funds and carry out investment projects to realize the globalization strategy. Lawyers can assist companies in preparing compliance materials to ensure that the filing process is accurate, interpret complex laws and regulations to avoid potential legal risks, provide strategic advice and optimize investment plans, and communicate with the approval department on the company's basis when necessary to ensure smooth approval and help the company successfully achieve its cross-border investment objectives.
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