For Chinese enterprises, ODI is an activity in which it directly or through its controlled overseas enterprise obtains overseas ownership, control, management and other rights by investing in assets, equity, or providing financing, guarantees, etc. When domestic enterprises invest in Hong Kong, Macao, Taiwan and other countries and regions, whether it is a company, a project or an equity acquisition, as long as it involves directly or indirectly acquiring the ownership, control, and management rights of an overseas company, they need ODI approval. If the overseas investment involves sensitive countries or regions and sensitive industries, special approval is also required.
Overseas Direct Investment
What are the compliance requirements after the completion of ODI filing?
The Development and Reform Commission and the Commerce Commission have clear requirements on the matters to be declared after obtaining the filing notice and the overseas investment certificate, but these requirements are simply informed by the relevant authorities and not always reminded, so it is naturally easy to ignore their importance, and it is impossible to make up for it if something is missed. Therefore, after the completion of ODI, enterprises should pay special attention to and complete the following follow-up declarations and annual reports in a timely manner.
Ministry of Commerce: report of overseas enterprise registration status; report on unexpected situations; semi-annual report on compliance, report of obstacles and issues on the overseas investment; monthly report on direct investment; monthly report on reinvestment; monthly report on small scale investment.
Development and Reform Commission: Major adverse situation report; project completion report.
Foreign Exchange Administration: annual registration of stock equity in overseas direct investment.
In addition, you should also pay attention to various government notices, especially when there are new requirements and changes, as a small oversight may have a big impact.
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