According to China's foreign exchange management regulations, capital projects should comply with the legal provisions on foreign exchange in capital projects. Foreign-invested enterprises borrowing foreign loans should be reported to the State Administration of Foreign Exchange for the record, and the state implements a foreign debt registration system. According to the relevant regulations, when a foreign-funded enterprise borrows a one-year foreign debt, the maximum loan amount is the difference between the total investment of the borrowing enterprise and its registered capital; If the registered capital and investment of the borrower are small, it is a short-term loan.
The Company shall file the following materials within 15 days after the loan contract is formally signed:
(l) Stamped Statement of Borrowing Enterprises (Draft Table);
(2) the business license of the borrowing enterprise
(3) A copy of the approval certificate of the borrowing enterprise;
(4) A copy of the latest capital verification report of the borrowing enterprise;
(5) Original loan contract: the foreign debt contract shall be accompanied by a Chinese translation of the main terms of the contract, and stamped with two important terms that the debtor must join:
1) "According to Article 25 of the Regulations on Foreign Exchange Control in People's Republic of China (PRC), which was revised in June14 10, 1997, after the debt contract is signed, the debtor shall go through the foreign debt registration formalities with the foreign exchange administration department; The registration documents issued by the foreign exchange administration department are the necessary legal documents for the debt contract to take effect.
2) "The debtor shall go through the procedures for servicing the foreign debt in accordance with the Regulations on the Administration of Settlement, Sale and Payment of Foreign Exchange promulgated by 1996." ;
2. What are the procedures for a wholly foreign-owned enterprise to handle overseas loans? Where are the forms to be filled out? ...
Don't understand = =!
Three. What is the approval process for the entry of overseas funds?
First, the way of foreign capital entering China
Direct investment
Foreign direct investment generally includes the direct establishment of foreign-funded enterprises, Sino-foreign joint ventures and Sino-foreign cooperative enterprises, as well as equity mergers and acquisitions and asset mergers and acquisitions.
1. Directly set up foreign-invested enterprises.
Foreign units investing in the establishment of foreign-funded enterprises shall first abide by the Law on Foreign-funded Enterprises (including the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures, the Regulations for the Implementation of the Law of the People's Republic of China on Sino-foreign Joint Ventures, the Detailed Rules for the Implementation of the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures, and the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures), the Interim Provisions on Domestic Investment of Foreign-invested Enterprises, the Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors and other relevant foreign investments. Restricted by the Law on Foreign-funded Enterprises, foreign investors' direct equity investment in China can only exist in the form of Sino-foreign joint ventures, Sino-foreign cooperative enterprises (hereinafter referred to as "joint ventures") and foreign-invested enterprises (hereinafter referred to as "WFOE"). Foreign-invested enterprises are domestic-funded enterprises and are subject to the laws of China and the jurisdiction of China.
Four, according to the requirements of the new loan regulations, what links does the general process of enterprise loan operation include?
Step 1: Establish a credit relationship
To apply for a bank loan, first of all, an enterprise must submit an Application Form for Establishing a Credit Relationship in duplicate when applying for establishing a credit relationship. After receiving the application submitted by the enterprise, the bank shall appoint a loan officer to investigate.
The survey contents mainly include:
(1) Legitimacy of enterprise management. Whether the enterprise has the necessary relevant conditions for legal person qualification. For enterprises with legal personality, it should be checked whether the business scope approved by the business license is consistent with the actual business scope.
(2) the independence of enterprise management. Whether the enterprise implements independent economic accounting, accounts for profits and losses separately, and has independent financial plans and accounting statements.
③ Whether the enterprise and its main products belong to the development sequence of national industrial policy.
(4) the efficiency of enterprise management. Whether the final accounts of the enterprise are accurate and in compliance with relevant regulations; The present situation and trend of financial performance.
⑤ Rationality of the use of enterprise funds. Whether the working capital and fixed capital of the enterprise are managed separately; Whether the occupation level and structure of working capital are reasonable, whether it is squeezed or misappropriated.
6. New and expanded enterprises. Whether the 30% working capital needed to expand production capacity has been raised. If there is a temporary shortage, have you made a plan to make up for it in the short term?
After investigating and understanding the above situation, the loan officer shall write a written report and sign an opinion on whether to establish a credit relationship, and submit it to the director of the department (unit) and the president (director) for approval step by step. After the president (director) agrees to establish a credit relationship with the enterprise, both banks and enterprises shall sign a contract to establish a credit relationship.
Step 2: Apply for a loan.
Enterprises that have established credit relations may apply for bank loans according to the reasonable liquidity demand in the process of production and operation. Take an industrial production enterprise as an example. When applying for a loan, an application for a working capital loan from an industrial production enterprise must be submitted.
According to the national industrial policy, credit policy and relevant systems, combined with the credit scale plan approved by the superior bank and the source of credit funds, the bank carefully examines the enterprise loan application.
Step 3: loan review
The main contents of the loan review are:
(1) Use the loan directly. Direct uses that meet the scope of support for working capital loans of industrial enterprises are:
Reasonable purchase and payment;
Submit notes payable;
Advance payment approved by the bank;
Special loans are used according to the prescribed purposes;
Other purposes that meet the requirements.
(2) operating conditions. It mainly includes the procurement, consumption and storage of materials, the supply, production and sales of products, and the occupation level and structure of working capital; Credit status; Economic benefits, etc.
(3) the implementation of the enterprise's potential tapping plan, liquidity acceleration plan and liquidity supplementary plan.
④ The development prospect of the enterprise. It mainly refers to the development prospect of the industry to which the enterprise belongs, the development direction of the enterprise, the product structure, life cycle and new product development ability, the practical work ability of the main leaders, the management decision-making level and the pioneering and innovative ability.
⑤ Debt capacity of enterprises. Mainly refers to the actual amount of the enterprise's own liquidity and current assets and liabilities. Generally, it can be analyzed by two indicators: the proportion of self-owned liquidity to total liquidity and the debt ratio of current assets of enterprises.
Step 4: Sign a loan contract.
A loan contract is an agreement that the lender will deliver a certain amount of money to the borrower for use according to the agreed purpose, and the borrower will repay the principal and interest at maturity. This is an economic contract. The loan contract has its own characteristics. The object of the contract is currency, and the lender is generally a national bank or other financial institution. The loan interest is stipulated by the state, and the parties cannot agree at will.
The parties reached an agreement on the main terms of the loan contract after consultation according to law. An application is made by the borrower, and a loan contract can be signed after the lender has approved it.
The loan contract shall have the following clauses:
Type of loan; The purpose of the loan; Loan amount; Loan interest rate; Term of the loan; Sources of repayment funds and repayment methods; Guarantee clause; Liability for breach of contract; Other terms agreed by both parties.
The loan contract must be signed and sealed by the representatives of both parties or the agents authorized by the legal representatives.
Step 5: Issue bank loans.
After an enterprise applies for a loan, both banks and enterprises should sign relevant loan contracts according to the types of loans. When signing the contract, you should pay attention to the accuracy of the project, the clarity and neatness of the text, and you must not alter it; The official seals of the borrower, lender and guarantor and the signature of the legal representative are complete and correct. The borrower opened an iou.
A loan receipt is a written loan certificate, which can be signed at the same time as the loan contract, or it can be signed at one time or in installments within the amount and effective time stipulated in the contract. Bank managers should carefully examine and check whether the contents of the loan application are correct and consistent with the loan contract.
After the loan application is verified correctly, fill in the Notice of Loan Issuance, and the letter clerk, department (unit) head "two signatures" or the president (director) "three signatures" will send it to the bank accounting department to handle the loan transfer to the borrower's account. After the loan application form and the loan issuance notice are recorded by the accounting department, the last copy is returned to the credit department as a voucher for registering the loan account.