CHI SAFE Capital Account Guidelines


On Nov. 16, CHI SAFE proposed to amend capital account forex guide.


  • CHI SAFE proposed to amend guidelines on forex business under capital account.
  • Follows CHI SAFE Jan. 2021 issued guide on forex under capital account, see #96202.
  • Amendments
  • Streamline chapters of the guidelines; original three parts of general administration, branch offices and banks into two parts: SAFE and bank; merge repetitve content.
  • Merge the registration and account management chapters of the same business.
  • Aligning connection, consistent with the latest regulations, and other requirements.
  • Add new business such as relocation of new corporate locations, digitization of capital projects, subscription of convertible bonds by foreign shareholders of A-share firms.
  • Clarify business requirements such as information disclosure for the registration of special purpose companies/the repurchase of funds raised from overseas listings.
  • Quota of qualified domestic institutional investors (QDII) cannot be transferred/resold.
  • Optimize business requirements such as registration process for foreign direct investment (FDI) enterprises established via equity transfers/mergers/acquisitions.
  • Cancel the restrictions on upfront expenses for overseas direct investment (ODI).
  • Optimize business management of cross-border financing/securities investment.
  • Effectiveness
  • Consultation is open for public which shall be submitted by Nov. 26, 2023.
  • Apr. 2024 Amendments Published
  • On Apr. 12, 2024, CHI SAFE issued notice re amendment to the guidelines, aims to facilitate institutions, individuals in handling capital account forex transactions.
  • Revisions refine, clarify business handling principles, enhancing operational efficiency.
  • Incorporate latest regulations and policy documents, updating relevant content accordingly; streamline chapters and optimize layout for clearer structure.
  • Feedback comments received, some implemented, including deleting bank from form headers, clarifying industry standards, revising expressions re cancellation reasons.
  • Suggestions for optimizing the information system were noted for future consideration.
  • Textual modifications were incorporated, policy interpretation issues were addressed.
  • The amendments are effective from May 6, 2024.

Regulators CHI SAFE
Entity Types Bank; Inv Co
Reference PR, Nt 4/12/2024; CP, PR, 11/16/2023; Rpl SAFE No. 89 (2020)
Functions Compliance; Financial; Legal; Registration/Licensing; Reporting; Risk; Treasury
Countries China; Cross-Border
Category
State
Products Banking; Equity; Fixed Income; Forex; Fund Mgt; Loan; Securities
Regions AP
Rule Type Final
Rule Date 11/16/2023
Effective Date 5/6/2024
Rule Id 191692
Linked to Rule :96202
Reg. Last Update 4/12/2024
Report Section International

Last substantive update on 04/17/2024