China Economic Net Jing 65438+On February 2, 2006, Jiangsu Branch of the State Administration of Foreign Exchange recently released the information disclosure form of administrative punishment (Haihui Inspection and Punishment [2019] No.2), which showed that Haian Shiren New Energy Automobile Manufacturing Co., Ltd. (hereinafter referred to as Shiren Manufacturing) had the following illegal facts: the fund settlement business was handled through a construction contract with no real transaction background, and the relevant invoices were invalid.
The above acts violate Article 23 of the Regulations on Foreign Exchange Control in People's Republic of China (PRC) and Article 4 of the Notice of the State Administration of Foreign Exchange on Reforming and Regulating the Management Policy of Foreign Exchange Settlement in Capital Projects (Huifa [20 16] 16). According to Article 41 of the Regulations of People's Republic of China (PRC) Municipality on Foreign Exchange Control, Haian Branch of the State Administration of Foreign Exchange
According to China Economic Net I, why is Yingju a wholly-owned shareholder of Manufacturing and the legal representative is Ni?
Article 23 of the Regulations on Foreign Exchange Control in People's Republic of China (PRC) stipulates that foreign exchange and settlement funds for capital projects shall be used in accordance with the purposes approved by relevant competent departments and foreign exchange management agencies. The foreign exchange administration authorities have the right to supervise and inspect the use of foreign exchange settlement funds for capital projects and the changes in accounts.
Article 41 of the Regulations on Foreign Exchange Control in People's Republic of China (PRC) stipulates that if foreign exchange is remitted into China in violation of the regulations, the foreign exchange administration organ shall order it to make corrections and impose a fine of less than 30% of the illegal amount; If the circumstances are serious, a fine of not less than 30% but not more than the equivalent of the illegal amount shall be imposed. Illegal settlement of foreign exchange shall be ordered by the foreign exchange administration to redeem the foreign exchange funds illegally settled, and a fine of less than 30% of the illegal amount shall be imposed.
Article 4 of the Notice of the State Administration of Foreign Exchange on Reforming and Standardizing the Management Policy of Foreign Exchange Settlement in Capital Projects (Huifa [20 16] 16) stipulates that the use of foreign exchange income in capital projects of domestic institutions should follow the principle of truthfulness and self-use within business scope.
Foreign exchange income from domestic institutional capital projects and RMB settlement funds can be used for current account expenditures within their own business scope and capital account expenditures permitted by laws and regulations.
Domestic institutions shall abide by the following provisions when using foreign exchange income from capital projects and RMB funds from foreign exchange settlement:
(1) It shall not be directly or indirectly used for expenses beyond the business scope of the enterprise or prohibited by national laws and regulations;
(2) Unless otherwise specified, it shall not be directly or indirectly used for securities investment or other investment and financial management other than bank capital-guaranteed products;
(3) It shall not be used to issue loans to non-affiliated enterprises, unless the business scope is clearly permitted;
(four) shall not be used for the construction and purchase of non occupied real estate (except real estate enterprises).
If there is a contract between a domestic institution and other parties on the scope of use of capital account income, the relevant funds shall not be used beyond the scope agreed in the contract. Unless otherwise specified, the contractual agreement between domestic institutions and other parties shall not conflict with this notice.