New Regulations for ODI Enterprises Going Global in 2026: Compliance Guidelines for Overseas Investment Filing and New Opportunities for Going Global

1、 Policy background: A new regulation reshapes the compliance coordinates for enterprises going global

  This is the first administrative regulation in China's outbound investment field, marking a fundamental change in the compliance framework for enterprises going global, as ODI (Overseas Direct Investment) has risen from the level of departmental regulations to the level of administrative regulations.

Prior to this, the main basis for Chinese enterprises to invest abroad was departmental regulations such as the 11th Order of the National Development and Reform Commission, the 3rd Order of the Ministry of Commerce, and the 37th Document of the State Administration of Foreign Exchange. These regulations have supported the wave of Chinese companies' "going global" in the past decade, but with changes in the geopolitical environment, stricter cross-border regulation, and the diversification of corporate overseas forms, departmental regulations are no longer able to cover new practical needs. The promulgation of the "Regulations" aims to unify the basic principles, management system, and legal responsibilities of foreign investment at the level of administrative regulations.

For enterprises planning to carry out ODI in the second half of 2026 and beyond, understanding the core changes of this new regulation is directly related to whether the project can be successfully implemented, whether the funds can legally exit the country, and the compliance risks of future operations.

2、 Compliance Key Points: Three Main Lines: Approval and Filing, Information Reporting, and Cross border Fund Registration

Article 12 of the Regulations stipulates that if investors need to complete procedures such as approval and filing, information reporting, and cross-border fund registration in accordance with the law when conducting foreign investment activities, they shall handle them in accordance with relevant national regulations, truthfully submit relevant materials, and cooperate with the supervision and inspection of relevant competent departments.

(1) Approval and filing process

According to investment sensitivity and investment amount, ODI projects are divided into two categories: approved and filed. Projects involving sensitive countries and regions, as well as sensitive industries, require approval, while other projects are subject to filing management. The Regulation continues this classification framework, but puts forward higher requirements for the authenticity of materials and the completeness of information disclosure. Before submitting an application, enterprises need to conduct a thorough self-examination of their investment objectives, funding sources, equity structure, etc., to avoid subsequent penalties due to inaccurate materials.

(2) Information reporting stage

The new regulations strengthen in-process and post event supervision. After completing ODI, enterprises need to report the operational status, major changes, and financial data of overseas enterprises to the competent authorities in accordance with regulations. This means that companies cannot simply ignore the case after it is filed, but must establish a continuous information reporting mechanism. For enterprises with overseas subsidiaries, the finance, legal, and international business departments need to collaborate in developing annual reports and major event reporting processes.

(3) Cross border fund registration process

ODI funds need to be registered for foreign exchange at the bank when exiting the country. In March 2026, the People's Bank of China and the State Administration of Foreign Exchange jointly issued the "Measures for the Administration of Overseas Loans by Domestic Enterprises", further supporting and regulating domestic enterprises' lending to overseas affiliated enterprises. This policy, in conjunction with the Regulations on Foreign Investment, provides a clearer institutional channel for enterprises to build cross-border capital pools. However, at the same time, the authenticity review of the use of funds is also being strengthened, and enterprises need to ensure that the flow of funds is consistent with the recorded content.

3、 Illegal Costs: From Behavioral Constraints to Property Penalties and Personal Responsibility

One of the most impactful changes in the regulations is the significant increase in the cost of illegal activities. According to Article 27 of the Regulations, a fine of 1 ‰ to 10 ‰ of the investment amount may be imposed for behaviors such as investing in foreign investments prohibited by the state, failing to fulfill approval and filing procedures, and defrauding approval and filing.

Taking a 100 million yuan ODI investment as an example, the maximum fine can reach 10 million yuan. For overseas M&A projects of large enterprises, the fine amount may be higher. More importantly, the new regulations establish a system of individual responsibility. Previously, for ODI violations by enterprises, the main targets of punishment were the enterprises themselves; Under the new regulations, the legal representative of the enterprise, directly responsible supervisors, and other directly responsible personnel may also bear personal responsibility.

This change has put forward new requirements for the decision-making mechanism of enterprises going global. Enterprises can no longer view ODI compliance as an isolated task of the legal department, but should establish a compliance review mechanism for overseas operations at the board level, clarify decision-making processes and division of responsibilities.

4、 The realistic challenges for enterprises going global

In addition to rising compliance costs, Chinese companies also face multiple practical challenges when going global.

Geopolitics and market access. Some countries set review thresholds for Chinese companies' investments under the pretext of national security. Before entering the target market, enterprises need to systematically evaluate the local foreign investment review system, including approval deadlines, review standards, and common reasons for rejection.

Tax architecture optimization. Under the Common Reporting Standard (CRS), automatic exchange of overseas financial account information has become the norm. Enterprises need to consider tax efficiency in the early stages of investment structure construction to avoid double taxation and transfer pricing risks.

Talent and Operations. The management, localized employment, and compliant operation of overseas subsidiaries all require professional team support. Many small and medium-sized enterprises fail to go global not because their projects are not good, but because they lack overseas operational experience and localization capabilities.

5、 Exhibition value: one-stop docking with ODI full chain service providers

From November 20th to 22nd, 2026, the Overseas Immigrant Study and Property Expo, as well as the Enterprise Overseas Development and Financial Services Expo, will be held at the Shanghai World Trade Exhibition Center for three days, with an expected attraction of about 8000 professional visitors. The exhibition has a dedicated section for ODI enterprises to go global, gathering professional institutions such as overseas investment filing, cross-border taxation, overseas company registration, bank account opening, and cross-border legal services.

For companies planning or currently going global, exhibitions provide a centralized platform for resource docking: preliminary communication with multiple service providers can be completed in one day, comparing the costs and cycles of different solutions; You can directly consult the latest policy details to avoid information lag; You can also exchange overseas experience with peer companies and learn about the latest developments in the target market.

Exhibition hotline: 13681692751 (same as WeChat), official website: www.qs-expo.com. No matter which stage of the enterprise's overseas planning, corresponding professional support can be found at the exhibition.