Category: Doing Business In China

Source: The State Council – The People’s Republic of China

(1) The investors shall submit the establishment application and relevant documents to the administrative departments in charge of foreign trade and economic cooperation at the provincial level of the place where the FBIE is to be established.

(2) The administrative departments in charge of foreign trade and economic cooperation at the provincial level shall complete the original examination and report to the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) within 15 days as of the acceptance of the above-mentioned materials.

(3) The MOFTEC shall, with the consent of the Ministry of Science & Technology，make a written decision on approval or disapproval within 45 days as of the acceptance of all the above-mentioned materials. And it shall issue a Certificate of Approval for Foreign-invested Enterprises to the approved enterprises.

(4) With the approved of establishing an FBIE, the applicant shall file an application for registration at the State Administration of Industry and Commerce or at local bureaus with its authorization by presenting the Certificate of Approval for Foreign-invested Enterprise within one month as of the acceptance of the Certificate of Approval for Foreign-invested Enterprise.

More Doing Business In China: Modification registration of foreign-funded enterprises in China

Source: The State Council – The People’s Republic of China

Documents for the modification registration of foreign-funded enterprise group

1. Modification registration application form for enterprise groups;
2. Modified articles of association of the enterprise group;
3. Certificate of being qualified as a legal person of the new member of the enterprise group;
4. Parent company’s shareholding certificate or investment certificate issued by the member enterprise of the group;
5. Other relevant documents.

Documents required for the cancellation of modification registration of foreign-funded enterprises

1. Application form for cancellation of the modification registration of foreign-funded enterprises signed by the legal representative of the company;
2. Written judgment of the people’s court;
3. Formal approval letter for the application of the modification registration;
4. Photocopy of the duplicate of business license;
5. Other relevant documents.

Modification of company name

1. Modification registration application form of foreign (region) enterprise engaged in production and operating activities within the territory of China;
2. Approval documents or letter of introduction issued by approval authority;
3. Notification of name pre-approval;
4. Photocopy of the duplicate of business license;
5. Other relevant documents and certificates.

Modification of business domicile

1. Modification registration application form of foreign (area) enterprise engaged in production and operating activities within the territory of China;
2. Approval document or letter of introduction issued by the approval authority;
3. Certificate of using the new domicile;
4. Photocopy of the duplicate of business license;
5. Other relevant documents and certificates.

Modification of business scope

1. Modification registration application form of foreign (region) enterprise engaged in production and operating activities within the territory of China;
2. Approval document or letter of introduction issued by the relevant authority;
3. New project contract;
4. Report of project termination and tax clearance certificates;
5. Photocopy of the duplicate of business license;
6. Other relevant documents and certificates.

Modification of the amount of capital

1. Modification registration application form of foreign (area) enterprise engaged in production and operating activities within the territory of China;
2. Approval document or letter of introduction issued by the relevant authority;
3. Capital verification report;
4. Photocopy of the duplicate of business license;
5. Other relevant documents and certificates.

Modification of business period

1. Modification registration application form of foreign (area) enterprise engaged in production and operating activities within the territory of China;
2. Approval document or letter of introduction issued by the relevant authority;
3. New project contract;
4. Report on the termination of project and duty-paid certificate;
5. Photocopy of the duplicate of business license;
6. Other relevant documents and certificates.

Modification of responsible person

1. Modification registration application form of foreign (region) enterprise engaged in production and operating activities within the territory of China;
2. Approval document or letter of introduction issued by the relevant authority;
3. Appointment and dismissal documents of responsible person;
4. Registration form of responsible person;
5. Registration form of responsible person;
6. Photocopy of the duplicate of business license;
7. Other relevant documents and certificates.

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