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CHINA: Can a foreign-invested company be financed with "current account contributions"?

It is not permitted to finance a foreign-invested company in China through current account contributions.. Foreign exchange control and debt control laws prohibit such loans.

A foreign debt limitation (outside China) applies to loans taken out by Chinese companies abroad (shareholder(s), banking establishments, etc.). The rules applicable according to the company's capitalization level are as follows:

The delta between the total investment amount and the registered capital may constitute a margin of foreign debt, for example through a shareholder loan. The "shareholder loan agreement" must be officially registered with the foreign exchange control administration.

Example: a foreign-invested company with a "registered capital" of USD 70.000 will have a maximum "total investment amount" of USD 100.000. The USD 30.000 delta may (but is not obligatory) be used to conclude a shareholder loan. This is the maximum foreign debt margin which the WFOE can benefit from.

Initial publication date: 26/01/2018

Loubier Cabinet
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