1. Is it necessary or advisable for any lender, arranger, facility agent or security agent to be licensed, qualified or otherwise entitled to carry on business in this jurisdiction: (a) by reason only of its execution, delivery or performance of the finance documents; or (b) to enable it to enforce its rights under the finance documents?
No.
2. Will any lender, arranger, facility agent or security agent be deemed to be resident, domiciled, carrying on business or subject to tax by reason only of the execution, delivery, performance or enforcement of the finance documents?
No, although interest and fees payable to the offshore lender, arranger, facility agent or security agent are subject to PRC withholding tax and VAT.
3. Are there any regulatory reporting requirements that lenders must observe in connection with those transactions?
No.