Shenzhen Foreign Exchange Bureau: Operational Guidelines for Former Port Enterprise Loan Business
To support eligible Hong Kong funded small and micro enterprises in the Qianhai Cooperation Zone to obtain RMB loans from overseas banks and facilitate cross-border financing. The Shenzhen Foreign Exchange Bureau has recently formulated and issued operational guidelines for the "Former Port Enterprise Loan" business and publicly solicited opinions.
Conditions for participating
1. Hong Kong funded small and micro enterprises registered in Shenzhen Qianhai Cooperation Zone and established for more than half a year (inclusive).
2. Real estate enterprises and quasi financial enterprises (including financing guarantee companies, small loan companies, pawnshops, financing leasing companies, commercial factoring companies, local asset management companies, etc.) are not applicable to this guideline.
3. There have been no records of foreign exchange administrative penalties in the past two years (for those established for less than two years, there have been no records of foreign exchange administrative penalties since the date of establishment).
Borrowing amount and currency
The borrowing of foreign debts shall not exceed 5 million RMB, and the creditors of foreign debts shall be limited to overseas banks, and the withdrawal currency shall be limited to RMB.
Application materials
Applicants should submit the following materials to the Shenzhen Foreign Exchange Bureau during the registration of foreign debt signing:
1. Application Form
2. Original loan intent letter or loan contract and copies of its main terms. If the text is in a foreign language, a Chinese translation of the main clauses should be attached separately.
3. Copy of business license.
4. The original copies of the above materials will be returned after inspection, and the copies will be stamped with the company seal and retained by the Shenzhen Foreign Exchange Bureau.
Requirements and instructions
1. For enterprises that have participated in the "Former Harbor Enterprise Loan" business and no longer meet the above conditions, they still hold registered foreign debts and can hold the foreign debts until their maturity. The foreign debt funds can still be used normally, and the foreign debts will be cancelled after the repayment of principal and interest is completed.
2. If a company borrows new foreign debts, it needs to continue the foreign debt model used before carrying out the "Former Port Enterprise Loan" business to borrow foreign debts;
3. Enterprises that have not borrowed foreign debt before conducting the "Former Port Enterprise Loan" business can independently choose to borrow foreign debt through macro prudential cross-border financing or the "betting difference" model.
4. If there is a balance of foreign debt registered through the "Qianhai Port Enterprise Loan" business, it needs to occupy the enterprise's foreign debt limit.
5. Applicants can simultaneously participate in the pilot reform of Shenzhen's foreign debt registration and management, and handle one-time foreign debt registration.
6. The withdrawal deadline for enterprises to handle foreign debt contract registration is 6 months.
7. If the enterprise withdraws funds and repays them within 6 months, they must report to the Shenzhen Foreign Exchange Bureau in advance, one by one.
8. Participating enterprises are no longer subject to the macro prudential and foreign debt "betting difference" management regulations for full scale cross-border financing.
9. The outstanding balance of foreign debts borrowed by the enterprise before participating in the "Former Harbor Enterprise Loan" business occupies the amount of the "Former Harbor Enterprise Loan" business.
10. If the enterprise needs to change its borrowing mode to full caliber or high-tech and "specialized, refined, and new" cross-border financing facilitation pilot projects in the future, the amount of external debt that can be borrowed must be deducted from the outstanding foreign debt balance in the "Qianhai Port Enterprise Loan".
Usage requirements
1. The foreign debt borrowed by enterprises through the "Former Harbor Enterprise Loan" should be transferred back to China and used within the scope of business
2. It shall not be used directly or indirectly for expenditures prohibited by national laws and regulations.
3. It shall not be used for the construction or purchase of non self use real estate.
4. It shall not be directly or indirectly used for securities investment or other financial investments (excluding financial products and structured deposits with risk rating results not higher than level 2).
5. It shall not be used for domestic equity investment.
6. It is not allowed to lend to other enterprises.
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