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Sino-Foreign Joint Ventures, Cooperative Enterprises China Investors New Capital Loans Management

Original Language Title: 中外合资、合作经营企业中方投资人新增资本贷款管理办法

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(March 3, 2000 silver rules of the file [2000]68 release) Chapter I General provisions article to expand the use of foreign capital, enhancing Sino-foreign joint venture, contractual joint venture China investor financing capacity, promote the steady and healthy development of Sino-foreign joint ventures, cooperative enterprises, in accordance with the People's Republic of China commercial bank law, the General principles of loan and related provisions, these measures are formulated.
    Second Sino-foreign joint venture, contractual joint venture China investors new capital loans (hereinafter referred to as the Chinese capital loans), refers in Chinese commercial banks and Sino-foreign cooperative enterprises in the territory (including Hong Kong and Macau Taiwan) Chinese investors to increase the registered capital shortfall issue renminbi or foreign currency long term loans.
    Article the Chinese capital loan must be used in the catalogue of industries for guiding foreign investment enterprises in the encouraged category, allowing such projects of the enterprise.
    Chapter II loans of objects and conditions fourth where authorities approved by the national register, status of enterprise legal persons has been achieved, independent accounting and foreign (including Hong Kong, Macao, the same below) Chinese side of the joint venture or contractual joint venture Enterprise (hereinafter referred to as the borrower), may apply to the lender for China increasing investment and loans. Fifth article borrowing people application China increased funding loan should has following conditions: (a) credit status good, no escape waste bank debt, and malicious debt interest, and evasion or false pretenses behavior, products has market, and has benefits, near two years continuous profit; (ii) and foreign investment established of Sino-foreign joint venture, and cooperation enterprise by national right to sector approved, law made foreign investment enterprise approved certificate, and license, production business in 1 years above, development prospects good; (three) borrowing people in Sino-foreign joint venture, and cooperation enterprise in the increased registered capital Hou,
    Maintain or acquire a holding position; (d) the replenishment of the borrower in the Sino-foreign joint ventures, cooperative enterprises should be put before the registered capital and increase the registered capital of the self-part has been verification according to law and make full (no less than 50%), and (v) other conditions required by lenders.
    Third chapter loan of application and issued sixth article application China increased funding loan of borrowing people must to loan people provides following material: (a) loan written application report; (ii) national right to sector approved joint venture, and cooperation enterprise project proposal, and feasibility research report of file, and foreign investment enterprise approved certificate and corporate license; (three) national right to sector agreed Sino-foreign joint venture, and cooperation enterprise increased registered capital of reply proved;
    (Four) borrowing people agreed with its itself integrated benefits loan of commitment and the loan people recognized of repayment plans; (five) borrowing people of balance sheet, and profit and loss table, and cash flow table and the loan people need of other report; (six) borrowing people in Sino-foreign joint venture, and cooperation enterprise in the of holding right proved or loan people recognized of increased funding Hou will was holding right of proved; (seven) loan people recognized of borrowing people and investment of Sino-foreign joint venture, and cooperation Enterprise one years above of financial status and the cash flow measuring report;
    (VIII) other materials required by the lender.
    Article seventh borrowers received loans after a written application and related information, in accordance with the General principles of loan and loan review of the relevant provisions of the measures.
    Article eighth lender may require the borrower to provide loan guarantees as needed. Nineth after examination and approval by the lender shall sign a loan contract with the borrower.
    Sino-foreign joint ventures, cooperative enterprises by foreign investors to increase registered capital and Chinese investors to increase the registered capital of the raised part (no less than 50%) has full and lender will require other payment conditions are implemented under the premise, the borrower can draw.
    Fourth chapter, loan purpose, amount, term and tenth interest rate loan amount up to Chinese investors increase the registered capital of 50%.
    11th loan currency, Renminbi or foreign currency.
    12th lenders should be based on the actual situation, determines the loan term, loan period shall not exceed ten years (including extensions).
    13th lending rate as stipulated in the rules of the same grade of medium-and long-term loans interest rates announced by the Bank of China and the people's Bank of China authorized foreign exchange loan interest rate.
    Fifth chapter 14th borrower loan management must, in accordance with the lender's required reports in a timely manner to the enterprises and Sino-foreign joint ventures, cooperative enterprises ' production and management situation, submit the financial statements and related information. 15th the borrower shall repay the loan principal and interest in full on time as stipulated in the loan contract.
    Borrowers repaying principal sources of funding are as follows: (a) return on equity; (b) the borrower's overall economic efficiency, (iii) dominated by the borrower's other funds.
    Borrowers cannot borrow term specified in the contract when the loan, the lender is entitled to charge penalty interest in accordance with the relevant provisions and the right to contract for loan loan principal and interest from the borrower's account, unable to recover the loan principal and interest, the lender can legally recourse to guarantor, mortgagee, mortgage person. 16th lender pursuant regularly informed about production and management situation of the borrower in the loan contract, to audit the financial statements analysis.
    Borrowers appear to endanger loan security and breach of contract occurs, the lender is entitled to according to the loan contract loan measures of protection, guaranteed loans.
    Article 17th lenders to surety, collateral, collateral implementing effective supervision has the right to take measures to guarantee the implementation of the loan guarantee.
    Sixth chapter supplementary articles article 18th commercial bank according to the measures, formulate implementing rules, and reported to the people's Bank of China, head office record.
    19th article this way by the people's Bank of China, head office is responsible for the interpretation and modification.
    Date of the 20th since the implementation of these measures, people's Bank of China and the lender prior to the development of various regulations, is inconsistent with these measures, is subject to this approach. 21st article this way as of the date of promulgation.