Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises
Updated: 2006-04-17 10:37 Article8 The following procedures shall be observed in the
establishment of an FBIE:
(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.
Article9 The following documents shall be submitted to the MOFTEC
when applying for the establishment of an FBIE:
(1) an establishment
application signed by the indispensable investors;
(2) contracts and articles
of association of the FBIE signed by all the investors;
(3) a written
declaration made by the indispensable investors (covering: a. the investors meet
the requirements as provided in Article7; b. all the materials submitted are
genuine; and c. the investors will strictly abide by the present provisions and
other relevant Chinese laws and regulations);
(4) a letter of legal advice
issued by a law firm affirms that the legal indispensable investors exist and
the above-mentioned declaration has got valid authorization and has been
signed;
(5) explanations of the business-starting operations of the foreign
investors, explanations of the capital managed by them of the three years before
the application is submitted, explanations of the investment made among the
capital managed by them of the three years before the application is submitted,
resumes of its professional managerial persons of business-starting
investment;
(6) the registration certificate of the investors (photocopy) and
the certificate of the legal representative (photocopy);
(7) the notice of
pre-approval of the name of the FBIE issued by the name registration
organ;
(8) If the qualifications of the indispensable investors are based on
the requirements as provided in paragraph (4) of Article7, they shall submit
relevant materials of the affiliated entity that meets the requirements;
(9)
other documents related to the establishment application as required by the
examination and approval authority.
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