Foreign debt refers to debt instruments borrowed from overseas by domestic enterprises and their controlled overseas enterprises or branches for more than 65,438+0 years, denominated in local currency or foreign currency, and repaid the principal and interest as agreed, including bonds issued overseas, medium and long-term international commercial loans, etc. After September 14, 2065438+05, the National Development and Reform Commission changed the approval mechanism for overseas bond issuance by Chinese-funded enterprises into a filing and registration system. Overseas bonds overlap with dim sum bonds, but they are completely different from panda bonds. Overseas bonds can be issued directly, indirectly and in a red-chip structure. The red-chip structure does not belong to the foreign debt issuance method stipulated in No.2044 document, and whether it needs to be filed with the National Development and Reform Commission is still controversial.
legal ground
company law
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.