Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises Updated: 2006-04-17 10:37 Chapter II Establishment and Registration
Article6 To establish an FBIE, the following requirements shall be
met: (1) There are more than 2 but less than 50 investors, and at least one
shall be an indispensable investor as stated in Article7; (2) The investors
of a non-legal-person organization shall subscribe to a minimum total
contribution in the sum of 10, 000, 000 U.S. $. The investors of an incorporated
FBIE shall subscribe to a minimum total capital in the sum of 5, 000, 000 U.S.
$. Except for the indispensable investors as provided in Article7, each of the
other investors shall subscribe to a minimum capital contribution no less than
1, 000, 000 yuan. Foreign investors may contribute their investments in
convertible currencies and Chinese investors may contribute their investments in
Renminbi. (3) It shall have definite organization form; (4) It shall have
a definite and legitimate investment direction; (5) Except that the
operations of such an enterprise are subject to the management of a
business-starting investment management company under authorization, an FBIE
shall have at least 3 professional managerial persons who have practical
experience in business-starting investment; (6) It shall meet the
other requirements as provided in laws and administrative regulations.
Article7 An indispensable investor shall meet the following
requirements: (1) Business-starting investment is its main business; (2)
The accumulative total capital managed by it in the three years before the
application is not less than 100, 000, 000 U.S. dollars, and of which no less
than 50, 000, 000 U.S. dollars have been used in business-starting investment If
the indispensable investor is a Chinese investor, the accumulative total capital
managed thereby in the three years before the application is submitted is not
less than 100, 000, 000 Yuan, and of which no less than 50, 000, 000 yuan have
been used in business-starting investment; (3) It shall have at least 3
professional managerial persons who have practical experience in
business-starting investment; (4) If the affiliated entity of an investor
meets the above-mentioned requirements, the investor may apply for the status of
an indispensable investor. The term "affiliated entity" in this paragraph refers
to an entity controlled by the investor, or an entity that controls the
investor, or another entity that subject to the control of the same entity that
controls the investor. The term "control" in this paragraph means that the
controlling party has a voting power of more than 50 % over the controlled
party. (5) Neither the above-mentioned indispensable investor nor its
affiliated entity shall have any record of being prohibited from engaging in
business-starting investment or business of investment consultancy, or being
punished for the reason of cheat, by the judicial departments and other relevant
agencies of the country where it is located; (6) An indispensable investor of
a non-legal-person enterprise shall subscribe to and actually pay not less than
1 % of the subscribed contributions and the actual total contributions
respectively, and it shall bear joint liabilities for the debts of this
enterprise. An indispensable investor of an incorporated FBIE shall subscribe to
and actually pay not less than 30% of the subscribed contributions and the
actual total contributions respectively.
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