Filing of Overseas Investment

operation and management right of existing non-financial enterprises abroad through new establishment, merger and acquisition shall apply to the Ministry of Commerce and the provincial competent commercial department for filing and approval, and obtain the Overseas Investment Certificate or Enterprise Overseas Office Certificate. According to the situation of overseas investment, the government departments shall resort to filing or approval respectively. If the investment involves sensitive countries/regions or sensitive industries, the government shall resort to approval, otherwise filling.

Overseas Investment Encouraged to Be Made

In order to improve China's ability of technological research and development and manufacturing capacity to make up for the shortage of resources, the government encourages enterprises to make the following overseas investment:

• Overseas investment in infrastructure conducive to the construction of the Belt and Road and the connectivity of its surrounding infrastructure;
• Overseas investment to drive the export of advantageous productivity, high-quality equipment and technical standards;
• Overseas investment and cooperation in overseas high-tech and advanced manufacturing enterprises, encouraging the establishment of overseas research and development centers;
• Overseas investment involved in the exploration and exploitation of overseas oil, gas, mineral and other energy resources;
• Mutually beneficial investment and cooperation in agriculture, forestry, animal husbandry, fisheries and other areas; and
• Overseas investment in trade, culture, logistics and other service sectors, supporting eligible financial institutions in establishing branches and service networks abroad.

Materials Required

• Filing form for overseas investment;
• Business License of the domestic investor;
• Articles of Association (contract, agreement) for the establishment or merge and acquisition of enterprises through overseas investment;
• Description of the implementation of the early work;
• Authentic compliance proof of fund sources; and
• Shareholding Structure Chart.

Notes

• Where two or more enterprises jointly invest to establish an overseas enterprise, the major shareholder shall apply for the filing (the major shareholder shall obtain the written consent of other investors). If the shareholding ratio of each party is equal, one of the parties shall be chosen through consultation to apply for the filing.
• The naming of an overseas investment enterprise shall comply with laws, regulations and policies at home and abroad. If not approved, the name of the overseas enterprise shall not include "China", "Chinese" or other similar words.
• The application for filing by central enterprises and their subordinate local enterprises shall be submitted to the Ministry of Commerce.
• Overseas investment involving sensitive countries/regions or sensitive industries shall be approved by Beijing Commission of Commerce.
• Sensitive countries refer to countries that have not established diplomatic relations with China and countries that are subject to UN sanctions (have not established diplomatic relations with China, please refer to the foreign ministry website, Be subject to UN sanctions countries, please refer to the UN sanctions).
• Sensitive industries refer to industries involved in the export of products and technologies restricted by China, and industries affecting the interests of more than one country/region.

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