BIZCHINA / Company laws

Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises

Updated: 2006-04-17 10:37

Article26 A business-starting investment management enterprise shall report the matters as listed in Article20 to the joint management committee and the board of directors of the entrusting party.

Article27 The establishment of a foreign-funded business-starting investment management enterprise shall be in conformity with the conditions as provided in Article23 and shall be reported to the examination and approval organ for approval via the administrative departments of foreign trade and economic cooperation at the provincial level where the company to be established is located. The examination and approval organ shall make a written decision on whether to approve or not within 45 days as of the acceptance of the complete set of the above-mentioned documents. It shall issue a Certificate of Approval for Foreign-invested Enterprises to the approved enterprises, which shall file an application to the registration organ by holding the Certificate within a month as of their acceptance of the Certificate.

Article28 The following documents shall be submitted to the examination and approval organ in applying for the establishment of a foreign-invested business-starting investment management company:
(1) establishment application;
(2) contract and articles of association of foreign-funded business-starting investment management company;
(3) the investors' registration certificate (photocopy) and the certificate of the legal representative (photocopy);
(4) relevant documents required by the examination and approval organ;

Article29 A foreign-invested business-starting investment management enterprise shall give a clear indication of "INVESTMENT MANAGEMENT" in its name. Except for the foreign-invested business-starting investment management enterprises any other foreign-funded enterprises shall not do so.

Article30 An overseas business-starting investment management enterprise, which has acquired the approval of engaging in business-starting investment management under the authorization of FBIEs, shall file an application to the registration organ to handle the business registration procedures within 30 days as of the approval day of the management contract.
An applicant shall submit the following documents to the business registration organ and shall be responsible for their authenticity and effectiveness:
(1) an application for registration signed by the chairman of the board of directors of the overseas business-starting investment management enterprise, or by a competent person;
(2) a management contract and the approval documents of the examination and approval organ;
(3) articles of association or partnership agreement of the overseas business-starting investment management enterprise;
(4) the overseas business-starting investment management enterprise' legal license to do business;
(5) the credit certification of the overseas business-starting investment management enterprise;
(6) the power of attorney, resume and the certification of the identification of the person-in-charge of the Chinese project appointed by the overseas business-starting investment management enterprise;
(7) the certification of its business offices in China; All of the aforesaid documents should be written in Chinese, those written in foreign languages other than Chinese shall be accompanied by good Chinese translations


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