The Hainan Provincial Financial Supervision Administration announced new QDLP Interim Measures for the standardization of overseas investment by qualified domestic limited partners.
The Bureau, together with the Hainan Branch of the State Administration for Foreign Exchange, the Hainan Market Supervision Bureau and the Hainan Securities Regulatory Bureau have jointly issued the Interim Measures for Hainan Province.
The Interim Measures for QDLP consist of 11 chapters and 54 articles.
The main content includes relevant definitions, explanations, relevant pilot units and their respective responsibilities.
They also outline,
The access conditions and business scope for relevant market entities,
Procedures for setting up pilot fund management enterprises and applying for a pilot quota,
Custodian access conditions and business responsibilities,
Enterprise foreign exchange purchases and outbound investment processes,
Conditions of admittance and operational responsibilities for administrators,
Enterprise quota management,
Information Disclosure Requirements,
Supervisory management requirements and the right of interpretation and the date of implementation.
What is a QDLP?
A QDLP is a Qualified Domestic Limited Partner
It means that the pilot fund management enterprises can raise funds from QFII (Qualified Foreign Institutional Investors), after passing the qualification examination and approval and obtaining a quota.
Pilot funds shall be set up to invest in primary and secondary markets outside of China.
Qualified Domestic Limited Partner refers to those permitted to register overseas, invest in overseas market hedge funds, raise RMB funds from domestic investors, and invest these funds in overseas markets
- What is the background for drafting the QDLP Interim Measures?
The goal is to implement the spirit of the “April 13th” speech, closely focusing on the development objectives of the “Hainan Free Trade Port Overall Construction Plan”, with investment liberalization and facilitation as the guiding principle. It will open up new channels for domestic high net worth individuals to invest overseas and manage cross-border wealth and further stimulate of all types of market entities.
- What are the applicable objects of the QDLP Interim Measures?
QDLP enterprises are divided into pilot fund management enterprises and pilot funds. Eligible newly established fund management companies and existing fund management companies can apply for pilot qualifications.
- What are the main contents, highlights and features of the QDLP Interim Measures?
“Easy entry”. The QDLP interim measures require a registered capital for the pilot fund management enterprise to be no less than RMB 5 million yuan or equivalent in foreign currencies.
Any entity of the controlling shareholder, actual controller or executive business partner of the pilot fund management enterprise or a related entity of any of the above entities must not have been seriously reprimanded by the local regulatory authority in the previous one year.
“Wide investment” (a wide range of investment). According to the QDLP interim measures, the range of overseas investment for pilot funds includes equity and bonds of overseas non-listed enterprises, stocks and bonds that are not publicly issued or traded by overseas listed enterprises, the overseas securities market (including financial instruments traded in the overseas securities market, etc.), overseas equity investment funds and securities investment funds along with foreign commodities and financial derivatives.
“Unlimited” (total amount control). The QDLP Interim Measures propose, under the premise of not exceeding the total QDLP quota of Hainan Province, that there is no limit to the quota application of a single pilot fund management enterprise and the investment quota of a single project, the relevant units will determine the approved pilot quota according to the actual needs of the project.
“More flexible” (flexible adjustment), The QDLP Interim Measures propose that the balance of the QDLP pilot enterprises’ foreign investment quota shall be managed and the pilot fund management enterprises can initiate and establish more than one pilot fund, the outward investment quota of a single pilot fund may be flexibly adjusted among the funds established by the pilot fund.
The sum of the outbound investment quota for each single pilot fund shall not exceed the outbound investment quota of the pilot fund management enterprise that have been approved by the relevant pilot units.
- How to apply for QDLP qualification and pilot quota?
To apply for QDLP pilot qualification and quota, the applicant shall submit relevant materials to the Provincial Financial Supervision Bureau in accordance with the requirements of the QDLP Interim Measures.
The provincial financial supervision bureau will organize the departments of foreign exchange administration, provincial market supervision and securities supervision to jointly examine and verify the submitted materials and the applicant who has passed the joint examination shall be given a written opinion agreeing to carry out the first pilot program and granting the pilot quota.
QFLP means that a foreign enterprise can participate in the establishment of a foreign-invested enterprise with equity investment, raising funds from home and abroad privately, and participate in equity investment of domestic non-listed companies, so as to further facilitate the inbound investment of overseas institutions.
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