ODI (Overseas Direct Investment)

Overseas Direct Investment（ODI）

In general, Chinese companies investing abroad mainly need to obtain approval, filing or registration from three governmental authorities, including approval or filing by the National Development and Reform Commission or the local Development and Reform Commission, approval by the Ministry of Commerce or local commercial departments, and foreign exchange registration procedures of the local branch of the State Administration of Foreign Exchange [After June 1st, 2015, the foreign exchange registration authority has been delegated to the bank where the enterprise is registered].

Cases of Overseas Investment Need to be Filed

1.Obtaining rights and interests of overseas land ownership, usage, etc.

2.Obtaining rights and interests of overseas natural resources exploration, exploitation, etc.

3.Obtaining rights and interests of ownership, operation, management of overseas infrastructure, etc.

4.Obtaining rights and interests of ownership, operation, and management of overseas enterprises, assets, etc.

5.Establishing or renovating overseas fixed assets

6.Establishing overseas enterprises or increasing investment in existing overseas enterprises

7.Establishing or participating in overseas equity investment funds

8.Controlling overseas enterprises or assets through agreements, trusts, and other methods

Overseas enterprises are controlled by domestic enterprises (ODI entities) directly or indirectly. By investing in assets, equity, or providing financing, guarantees to obtain rights and interests of overseas ownership, controlling, management, etc.

（”Control” means that directly or indirectly owns more than half of the voting rights of the enterprise, or be able to control important matters such as the operation, finance, personnel, and technology of the enterprise although it does not have more than half of the voting rights.）

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