Can foreign exchange capital be pledged
Theoretically, it should not be possible. How about the settlement of foreign exchange at that time? Processing and now the document stipulates that only current account foreign exchange accounts are pledged.
The scope of capital account expenditures includes current account foreign exchange expenditures and capital account foreign exchange expenditures approved by the foreign exchange bureau. It can be used to pay for imports or settle foreign exchange for domestic use. It can also be used for investment in accordance with regulations.
Legal Regulations
[The foreign exchange settlement of capital must be handled in accordance with the following regulations:]
Capital Capital foreign exchange settlement must be earmarked for specific purposes. For details, please refer to Huizongfa [2008] No. 142 "Notice on Improving Business Operational Issues Related to the Management of Foreign Exchange Capital Payment and Settlement of Foreign-Invested Enterprises".
If you want to settle foreign exchange, you need to provide the following information:
1. Foreign exchange registration IC card for foreign-invested enterprises.
2. Payment order letter for RMB funds obtained from capital settlement.
A payment order letter refers to a written instruction issued by an enterprise or individual and used by banks to make external payments in RMB funds obtained from foreign exchange settlements.
3. Documents proving the use of RMB funds after the capital settlement.
Includes a commercial contract or a payment notice issued by the payee. The payment notice should include the main terms of the commercial contract, amount, name of the payee, bank account number, and funds. Purpose etc. Enterprises’ income from foreign exchange settlement with capitalTo repay a RMB loan with RMB funds, a statement that the loan funds have been used within the approved business scope as stipulated in the contract must be submitted.
4. The latest capital verification report issued by an accounting firm (must be accompanied by a reply letter confirming the foreign capital contribution).
5. Relevant vouchers for external payment of RMB funds obtained from the previous capital settlement in accordance with the payment order letter and a detailed list of their usage (see attachment 2 for the format) and additional Copies of invoices and other relevant vouchers stamped with the company's official seal or financial seal. If the foreign exchange settlement is the last of a one-time or installment settlement, the enterprise shall submit the aforementioned materials to the bank within 5 working days after the settlement.
6. Other materials that the bank deems necessary to supplement.
For foreign exchange settlement of enterprise reserve funds equivalent to less than 50,000 US dollars (inclusive), the enterprise does not need to submit documents 3 and 5, and its capital account interest can be issued by the bank The interest list can be settled directly.
Principles for the settlement of capital: First, the capital has been verified, and second, it is practical and settled. Advance settlement is not allowed.
For foreign exchange settlement of reserve funds (such as wages, office expenses, etc.) below US$50,000, the RMB after settlement can be deposited into the company's own RMB account.
For foreign exchange settlement exceeding US$50,000, proof of purpose (such as contracts and invoices for land, raw materials, equipment, office supplies) must be provided, and the RMB after settlement must be If the payment is made to the counterparty's account, even if it is first deposited into the company's own RMB account, the payment must be made within 2 days.
For foreign exchange capital to be pledged, relevant conditions must be met. Not all foreign exchange capital can be pledged. Everyone must be able to distinguish clearly and avoid this. trouble. When pledging foreign exchange capital, you should also be clear about the specific content. If you cannot solve the problem, you should find a professional lawyer from the Savior Network to help you.
