ODI Investment Filing

As the global investment environment changes, China's overseas direct investment (ODI) filing policy has ushered in a number of optimizations. According to Sohu.com, the ODI approval time has been shortened by 40%, the fee structure has become transparent, and a reduction and exemption policy has been introduced for small and micro enterprises. At the same time, the National Development and Reform Commission has clearly required stricter review of the authenticity of the source of funds, and sensitive industries (such as real estate and entertainment) require additional approval.

Core requirements for ODI filing

Entity qualifications and compliance

The applicant must be a domestic enterprise registered in accordance with the law, the establishment time must be at least 1 year and provide a complete audit report (no loss in the past year). If it involves overseas mergers and acquisitions, a due diligence report must be submitted.

Transparent source of funds: The new regulations require the provision of audit reports and bank statements for the past 2 years, and bank loans must be accompanied by a credit agreement and a statement of the purpose of funds. For example, a Shenzhen company's application was rejected for not clarifying the source of funds, and was later approved after supplementing the materials.

Industry and regional restrictions

Sensitive industries: real estate, entertainment, unlisted equity, etc. require approval from the Ministry of Commerce/National Development and Reform Commission, and the process is extended to 30-40 working days.

Sensitive regions: Some industries in the United States and the European Union require additional security reviews, and companies need to assess risks in advance.

Document authenticity commitment

Companies need to sign the "Overseas Investment Authenticity Commitment", and false investment or money laundering is strictly prohibited. The State Administration of Foreign Exchange has suspended the overseas investment qualifications of three companies that violated the regulations.

ODI filing process

Preliminary preparation

Internal decision-making: Board of Directors/Shareholders' Meeting Resolution, formulate "Feasibility Study Report" and "Investment Plan".

List of materials: Including business license, audit report, investment agreement, overseas company registration documents, etc.

NDRC filing/approval

Filing system: For non-sensitive projects below US$300 million, the provincial NDRC will complete it within 10 working days.

Approval system: For projects above US$300 million or sensitive projects, the National Development and Reform Commission will take 30-40 working days (including team review).

Ministry of Commerce filing

Submit the "Overseas Investment Application Form" through the "Ministry of Commerce Unified Platform" and obtain the "Enterprise Overseas Investment Certificate" within 3 working days.

Foreign exchange registration

Take the registration documents to the bank to register foreign exchange. If the amount is more than 5 million US dollars, the SAFE needs to conduct additional review, which takes 3-5 working days.

ODI registration fees

Official fees

NDRC: Registration fee is 300 yuan/project, and approval fee is 500 yuan/project (uniform standard).

Ministry of Commerce: Free, but you need to pay the material notarization fee (about 500-2000 yuan).

SAFE: Registration fee is 200 yuan/time, and foreign exchange conversion fee is about 0.1%-0.3%.

Agency service fee

Market quotations vary depending on the scope of service. The all-inclusive service is about 8,000-20,000 yuan (including document preparation, expedited processing, and compliance guidance).

Small and micro enterprise benefits: The policy is clear that enterprises with registered capital of less than 5 million yuan can enjoy a 50% service fee reduction.

Hidden costs

Market research and due diligence: 10,000-50,000 yuan (complex projects require the intervention of professional institutions).

Audit fee: Basic audit is about 3,000 yuan. If cross-border business involves, the cost will be doubled by the Big Four international accounting firms.

Why choose NEO?

Full-process compliance guarantee

Sensitive project team: For sensitive industries such as real estate and TMT, we provide a "green channel for approval and application", and the success rate is increased to 95%.

Online acceleration service: Submit materials through the "National Overseas Investment Management Platform" within 24 hours, and the average filing time with the National Development and Reform Commission is shortened to 7 working days.

Cost optimization plan

Transparent fees and no hidden consumption: Clearly marked prices cover the entire process of the National Development and Reform Commission, the Ministry of Commerce, and the State Administration of Foreign Exchange, and additional expenses are borne by the institution.

Exclusive package for small and micro enterprises: Provide "basic filing + foreign exchange registration" combination service, with a minimum of 6,000 yuan (including department subsidies).

Combination of localization and globalization

Multi-language support: Assist in translating overseas company registration documents to avoid the risk of rejection due to language errors.

Subsequent management: Free annual report templates and major change filing guidance are provided to ensure compliance operations.

ODI filing places higher demands on efficiency and compliance, but policy dividends (such as fee reductions and accelerated approval) also provide opportunities for enterprises. Choosing NEO, you can rely on its professional team and localized services to efficiently deal with challenges such as capital review and approval of sensitive industries, and achieve compliance with overseas investment at the lowest cost. Whether it is the layout of Southeast Asian manufacturing or investment in European and American technology companies, professional agents will become a reliable partner in the process of corporate globalization.