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Foreign investment in real estate development and operation, should follow the principles?
? 1? applying for the establishment of a real estate company, should obtain the land use right, real estate building droit, or have already sign the land use or room property right appointment transfer, purchase agreement with land management department, land developers, real estate building owners.
2. Have to establish a foreign-funded enterprise new real estate development or operation business and real estate foreign invested enterprises engaged in new real estate project development and management, should according to the relevant laws and regulations of foreign investment in the examination and approval departments apply for increasing business scope or expand the scope of operation of the relevant formalities.
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3. Foreign invested real estate enterprise of sino-foreign investment parties, can not use any form to conclude guarantee
for any party fixed returns or in disguised form fixed returns terms.
4. Restrictions on merger and acquisition: foreign stock equity merges domestic real estate enterprises, the domestic real estate enterprise should possess under construction or operation of real estate projects, or Foreign Exchange Control Board (FECB) will refuse to deal with capital settlement.
5. Project scale control and examine & approve principle: the foreign invested real estate enterprise, a total investment of more than 10 million dollars (include $10 million), registered capital shall be not less than 50% of the total amount of investment. A total investment of more than $50 million need examine and approve by The Ministry of Commerce of the People?s Republic of China (MOFCOM), more than $30 million below $50million needs provincial commercial department to examine and approve.
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6. Restrictions on foreign exchange loan: during the macro-control, in principle is not approved during the foreign invested real estate?
Source: http://nyessay.com/law/how-foregner-buy-property-in-china/
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