Two departments are soliciting opinions on the "Management Measures for Domestic Enterprises' Overseas Loans".
In order to better meet the funding needs of enterprises for cross-border operations, the People's Bank of China and the State Administration of Foreign Exchange have formulated the "Administrative Measures for Domestic Enterprises' Overseas Loans" to unify and improve the management of cross-border funds for domestic enterprises' overseas loans. The draft opinions clearly define the concept of domestic enterprises' overseas loans. Domestic enterprises' overseas loans refer to "the behavior of domestic non-financial enterprises using their own funds to provide fund access to qualified overseas enterprises in accordance with the contractually agreed amount, interest rate, term, purpose, etc." Requirements for the qualification of lenders and borrowers are specified. Lenders should be legally registered for over 1 year, have a record of continuous good business operations, have sound financial and internal control systems, and have had no significant violations of laws or regulations in the past three years. Borrowers should be legally registered with a record of continuous good business operations, and have had no significant violations of laws or regulations in the past three years. Lenders and borrowers should have a direct or indirect shareholding relationship, or be directly or indirectly held by the same parent company. The amount and balance of overseas loans provided by the lender to the same borrower should match the actual business situation of the borrower.
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