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15 July 2015

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Business Registration

1. Registration of foreign-funded enterprises

 

Business registration of a foreign-funded enterprise involves two steps: one is the business name registration, before the contract and the association articles are approved, the other is the business operation registration, after the contract and the association articles are approved.

 

A. For business name registration, an enterprise shall submit the following documents:  

a) Pre-examination and approval application of the enterprise name with the signature of all the investors,   application for registration, signed by the person responsible for its establishment, shall include the name  and address of the corporation to be established, its business scope, registered capital / capitalized capital, name of investors, and investment cost;

b) Certificates of the representative/ deputy appointed by the investors;

c) Certificates for qualifications of the representative/deputy;

d) Certificates for qualifications of all investors;

e) The certificates include other documents required by Administration Bureau for Industry and Commerce.

 

B. For business operation registration, an enterprise shall submit the following documents within 30 days after receiving the approval;

a) Application for foreign investment business licenses, with the signature(s) of all legal representatives;

b) Approval documents of the examination and approval organs;

c) The contract and articles of association;

d) Notice on pre-examination and approval of the name of the enterprise;

e) Investors' qualification certificates, or natural person ID certificate. The documents refer to:

Chinese investors shall provide the business license/legal representative registration certificates of the social undertaking institution/ legal representative registration certificates of the social organization/certificate of private-owned non-enterprise institution, copied and stamped as the qualification certificate; foreign investors' qualification certificates shall be notarized by a Public Notary of the investor-resided country (region), and confirmed by Chinese Embassy in the investor-resided country (region). In case the investor-resided country has no diplomatic relations with China, the certificates shall be notarized by a Public Notary of a third country that  does have diplomatic relations with China, then verified by Chinese embassy in that third country. Investors from Hong Kong, Macao, and Taiwan shall provide qualification and ID certificates, notarized in these regions.

f) Copies of position and ID certificates of the directors, supervisors and managers;

g) Copies of appointment and ID certificates of the legal representatives;

h) Residence location certificate;

i) For projects with business scope governed in state laws and administration decrees, as well as decisions of the State Council, which shall be approved before the registration, the investors shall submit related approval documents, license copies, or permission certificates;

j) Legal documents shall be enclosed with Power of Attorney;

 

Other related documents and certificates

 

Above mentioned documents shall be provided with one original copy, except when otherwise stated.

 

In case the above mentioned documents are in a foreign language, they shall be translated into Chinese, and stamped by a translation company.

 

C. Branch and agency establishment registration for foreign funded enterprise 

To establish branches and agencies, the registered foreign funded enterprise shall submit the following documents and certificates:

 

1) Application for branch and agency establishment registration, signed by the legal representative of the parent enterprise;

2) Articles of Association of the Company, signed by a legal representative of the parent enterprise;

3) The Appointment and ID Certificate of the person in charge of the branch, provided by the parent enterprise;

4) Business license and duplicate of the parent enterprise (stamped by the parent enterprise)

5) Certificate of housing and site use for business operation;

6) For projects with business scope governed under state laws, administration decrees, as well as by the decisions of the State Council, which shall be approved before registration, investors shall submit related approval documents, license copies, or permission certificates;

7) Other related documents and certificates.

 

2. Registration for the establishment of a permanent representative agency  for enterprises from foreign countries, and from the Taiwan, Hong Kong, and Macao Regions

 

Enterprises from foreign countries, and from the Taiwan, Hong Kong, and Macao regions, and other economic entities applying for setting up a permanent representative agency in Hunan, may register at the Hunan Provincial Administration Bureau for Industry and Commerce, with the following documents and certificates submitted:

 

a) Application for agency registration, signed by the chairman of the board or managing director, with the content including the foreign enterprise name, permanent agency name, business scope, duration, address, chief representative, and staff;

b) Certificate for lawful operation, provided by an authority of the country or region in which the enterprise is located;

c) Enterprise status certificate;

d) Appointment document for the chief representative, deputy, and employees;

e) ID card copies, and 2 photos, of the representative, deputy, and employees;

f) Certificate of office address.

 

3. Production and operation registration of a foreign enterprise in Chinese territory

After the production and operation project of foreign enterprise in Chinese territory is approved by the examination and approval authority, the foreign enterprise shall register with the administration bureau for industry and commerce, within 30 days after the approval, with the following documents and certificates submitted;

 

a) Application, signed by the chairman of the board or managing director;

b) Approval document or certificate, provided by the examination and approval authority;

c) Contract for engaging in the production activity;

d) Certificate for lawful business operation, provided by an authority of the country or region in which the enterprise is located;

e) Certificate of foreign enterprise financial status;

f) Power of attorney, resume, and ID certificate for the person in charge of the project in China, as designated by the chairman or managing director of the foreign enterprise;

g) Other related documents.

 

4. Registration modification, cancellation, and annual examination of foreign funded enterprise

The main registration issues modification for a foreign funded enterprise, and its branches and agencies, shall have modification applications submitted to the original registration authority, for approval.

 

The termination and expiration of foreign funded enterprise, approval certificate invalidity, contract termination approved by examination, and approval authority shall have applications submitted to the original registration authority, for cancellation.

 

Foreign-invested enterprise and its branches should receive their annual exam between March 1st and June 30th  of every year, according to the requirements of the company's registration organ.

 

 

Chinese source: hunan.gov.cn