财政部明确公司法、外商投资法施行后有关财务处理问题—— 放管结合强化企业财务管理

Core Viewpoint - The Ministry of Finance has issued a notice to clarify financial handling issues related to the Company Law and Foreign Investment Law, effective from July 1, 2024, focusing on the use of capital reserves to cover losses and the treatment of various funds in foreign-invested enterprises [1][4]. Group 1: Financial Regulations - The new Company Law mandates that capital reserves can only be used to cover losses after utilizing discretionary and statutory reserves, with specific conditions for using capital reserves [1][2]. - The notice specifies that non-monetary assets contributed as capital must be evaluated for pricing, ensuring proper asset assessment and internal governance [3][4]. - The notice emphasizes the need for board resolutions and shareholder meetings to approve the use of capital reserves for loss coverage, protecting shareholder rights [2][3]. Group 2: Treatment of Funds in Foreign-Invested Enterprises - Foreign-invested enterprises will transition from maintaining reserve funds to statutory and discretionary capital reserves, with specific management guidelines for these funds [4]. - The cancellation of the three funds (reserve fund, enterprise development fund, and employee reward and welfare fund) will alleviate financial pressure on foreign-invested enterprises, allowing for better liquidity and operational vitality [4][5]. - The new regulations aim to equalize the profit distribution system between foreign-invested and domestic enterprises, enhancing the business environment and stimulating innovation [4][5]. Group 3: Implementation and Compliance - Companies are advised to view the new regulations as a comprehensive test of corporate governance and internal control, emphasizing the importance of compliance and risk awareness [5][6]. - The Ministry of Finance plans to monitor the implementation of the notice and gather feedback from stakeholders to improve the effectiveness of the regulations [6].