关于境内居民个人境外投资登记及外资并购外汇登记有关问题的通知(附英).docVIP

Circular on Issues Relevant to Registration Regarding Offshore Investments of Individual Domestic Residents and Foreign Exchange Registration in Respect of Mergers and Acquisitions by Foreign Investors关于境内居民个人境外投资登记及外资并购外汇登记有关问题的通知 CLP Reference: 3820/05.04.21 PRC Reference: 汇发 [2005] 29 号 Promulgated: 21 April 2005 Effective: 21 April 2005 (Issued by the State Administration of Foreign Exchange on, and effective as of, April 21 2005.) (国家外汇总局于二零零五年四月二十一日发布，自下发之日起施行。) Hui Fa [2005] No.29 汇发 [2005] 29号 Branches and offices of the State Administration of Foreign Exchange of each province, autonomous region and municipality directly under the central government and the Shenzhen, Dalian, Qingdao, Xiamen and Ningbo municipal branches of the State Administration of Foreign Exchange: 国家外汇管理局各省、自治区、直辖市分局、外汇管理部，深圳、大连、青岛、厦门、宁波市分局： We hereby notify you on matters relevant to registration regarding offshore investments of individual domestic residents and foreign exchange registration in respect of mergers and acquisitions by foreign investors as follows in order to maintain the international balance of payments and ensure lawful and orderly cross border capital flows: 为维护国际收支平衡，保証跨境资本合规有序流动，现将境内居民个人境外投资登记及外资并购外汇登记有关事宜通知如下： 1. If an individual domestic resident injects domestic assets or equity into an offshore enterprise resulting in his or her direct or indirect holding of shares or stock in such enterprise and if the most recent affiliated merger or acquisition by a foreign investor in respect of an acquired domestic enterprise (or enterprise established for the purpose of making an acquisition) occurred prior to January 24 2005 and the procedures for a foreign-invested enterprise approval certificate were duly carried out prior to such date, the domestic resident shall belatedly carry out foreign exchange registration in respect of offshore investments with the foreign exchange authority of the place where the acquired enterprise is located using the form attached hereto.