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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