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Case of fund entry 入境案例

Mexican energy giant bets on China's new energy, aiming to triple its assets in three years for cross-border capital layout

作者: 沐清河 时间:2025-07-17 21:41:30 阅读:9

Mexican energy giant bets on China's new energy, aiming to triple its assets in three years for cross-border capital layout

In the late autumn of 2020, Carlos Garcia, a former executive of the Mexican National Oil Company, walked into his family office in Mexico City with a thick feasibility report. In the report, next to the photo of photovoltaic panels reflecting sunlight on the Gobi Desert, the sunshine duration and electricity price subsidy policies in northwest China are marked. This "veteran oil man" who has been deeply involved in the energy industry for 30 years is planning to shift his family's accumulated $200 million funds from the turbulent Latin American energy market to the East. Recommended by a local law firm in Mexico, he contacted Lawyer Wang Guangyu, who has been specializing in cross-border fund legal services for 15 years.

1、 Capital Entry Link: A 'Triple Jump' from Mexico City to Gan ***** Springs

1. Offshore architecture construction: a "safety cushion" for tax havens

Based on their experience in handling 12 cases of Latin American capital inflows, the legal team led by Wang Guangyu recommends that Carlos register a Special Purpose Vehicle (SPV) named "Solar Horizon" in the Cayman Islands, with a 100% stake held by a Mexican family trust. In 2018, I designed a similar architecture for a Chilean copper mining company. Through the tax treaty between the Cayman Islands and China, I was able to reduce the comprehensive tax burden on dividend repatriation from 22% to within 8%. The case data presented by Lawyer Wang in the video conference dispelled Carlos' concerns about the complexity of the architecture. The team synchronously assisted in setting up a liaison office in Hong Kong as a "transit station" for RMB settlement, utilizing the cooperation channel established between Lawyer Wang and DBS Bank in Hong Kong to shorten the cross-border transfer time from the usual 3 days to 12 hours.

2. Entry channel selection: QFLP's "Fast Pass"

At the beginning of 2021, it coincided with the expansion of the QFLP (Qualified Foreign Limited Partner) pilot scope in Gansu Pilot Free Trade Zone. Lawyer Wang Guangyu quickly identified a joint venture model based on his practical experience in participating in the QFLP filing of a Middle Eastern sovereign fund (which set a record of 39 days of approval): Solar Horizon established a joint venture fund with a local state-owned enterprise in Gansu, with foreign investment accounting for 49% and a total scale of 1.5 billion yuan (approximately 210 million US dollars). "The key is to link the use of foreign capital with the" the Belt and Road "green energy project. In 17 supporting documents we prepared, the original text of the new energy planning of Jiuquan Development and Reform Commission was specially attached." The filing team led by lawyer Wang finally completed the three-tier approval of the Department of Commerce, the Development and Reform Commission and the Foreign Exchange Administration in 47 days, which was 60% faster than the average speed of the industry. Carlos's assistant exclaimed in the email: "It is much faster than we apply for power permits in Mexico!"

3. Foreign exchange management wisdom: "Multi currency pool" resolves volatility risks

In response to the exchange rate risk concerns raised by the Carlos team, Lawyer Wang Guangyu designed a "USD RMB dual currency fund pool" plan - a model he pioneered when managing funds in China for a European automotive group in 2019. Keeping a $30 million 'ammunition depot' in a Hong Kong account and locking in a 6.45 exchange rate through forward exchange settlement not only avoids the impact of RMB depreciation to 7.3 in 2022, but also enjoys the upward adjustment of Hong Kong's USD deposit interest rate. Lawyer Wang coordinated with domestic banks to implement the 'voluntary exchange settlement' policy, allowing enterprises to exchange RMB for project payments as needed, and the unsettled portion can also enjoy a 10% discount on the current deposit interest rate he negotiated, which alone increases the annual income by about $450000.

2、 Investment Story: From 'Inappropriate to the Soil' to 'Gobi Miracle'

1. Initial dilemma: The "failure" of Latin American experience in the northwest

In the summer of 2021, a sudden situation occurred before the power station was connected to the grid: the local power grid company delayed the acceptance on the grounds of "additional safety assessment required for foreign-funded projects". The Carlos team is accustomed to the "jungle rule" of the Mexican energy market and plans to spend $200000 to "smooth the relationship" according to the old rules. Lawyer Wang Guangyu flew to Jiuquan overnight, bringing with him Article 31 of the Foreign Investment Law and a successful case of a Singaporean photovoltaic company he represented (similar dispute was resolved in 37 days in 2017). He directly met with the legal representative of the power grid company and said, "There is a clear time limit for compliance assessment. If it exceeds the deadline, we can apply for administrative reconsideration. Last year, we helped Malaysian companies claim delay losses, and the evidence chain is very complete." Finally, under the coordination of Lawyer Wang, Gan **** Source Bureau held a special meeting and completed the third-party assessment within 15 days to avoid daily power generation losses of 500000 yuan.

2. Key to counterattack: Seize the dividends of the "dual carbon" policy

In 2022, China will shift its subsidies for photovoltaic power plants to a "grid parity+green electricity trading" model, causing anxiety for the Carlos team. Lawyer Wang Guangyu, relying on his sensitivity to tracking new energy policies for 10 years, immediately organized a seminar for tax and energy experts: "This is an opportunity! The green electricity demand gap of Jiangsu new energy vehicle manufacturers has reached 12 billion kWh/year." Drawing on his experience in assisting German wind power companies in cross provincial transactions in 2020, he guided the team to prepare green electricity trading qualification documents, and ultimately sold the power generation of the power station to a car company in Jiangsu at a price of 0.38 yuan/kWh, which is 0.07 yuan/kWh higher than the local desulfurization coal price, with an annual income increase of over 20 million yuan. At the same time, utilizing the preferential policies in the "Catalogue of Encouraged Industries in Western Regions" excavated by Lawyer Wang, the corporate income tax has been reduced from 25% to 15%. Combined with the deduction of R&D expenses, the comprehensive tax burden rate is only 12%, which is 8 percentage points lower than Carlos' expectations.

3. Asset explosion: from a single power station to industrial chain layout

In 2023, Carlos planned to acquire a photovoltaic bracket factory in Jiuquan, but was stuck in the approval of cross-border M&A funds. Lawyer Wang Guangyu has implemented the "Profit Reinvestment" plan - the most convenient path among the 8 foreign investment reinvestment cases he has handled: "Directly converting the 620 million yuan net profit generated domestically into a combined purchase without the need for approval from the foreign exchange bureau, saving 23 days compared to overseas capital increase." He also introduced a cooperating international accounting firm to conduct tax due diligence on the bracket factory and found that there was an undeducted value-added tax reserve of 12 million yuan, which was converted into input deduction for the acquired enterprise through compliant operations.

3、 Three year transcript: How did $200 million turn into $680 million?

Asset appreciation: The valuation of photovoltaic power plants has increased from 1.2 billion yuan to 2.8 billion yuan (with an average annual compound growth rate of 31%), and the valuation of bracket factories has doubled in 18 months after the acquisition;

Cash flow: Accumulated power generation revenue+bracket sales revenue reached 1.56 billion yuan, with a net profit of 620 million yuan after tax;

Exit channel: Introduce a domestic energy fund as a strategic investor in 2024, sell 30% equity to cash out 1.8 billion yuan (corresponding to 3.4 times the original investment appreciation), and plan to list the remaining shares through the A-share "green IPO channel" coordinated by Lawyer Wang's team in 2026.

At the 2024 family annual meeting, Carlos specifically contacted lawyer Wang Guangyu and said, "At first, I was worried that the Chinese market would be 'complex and difficult to understand,' but with 15 years of experience, you have simplified complex issues. The sense of security brought by compliance is more valuable than the high-risk returns in the Latin American market

(Note: The company name and some data in the case have been anonymized. Specific operations need to be customized according to the latest policies and the actual situation of the project.)

Please do not sit in the same seat.


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