Business-starting Investment Enterprises
BIZCHINA / Company laws
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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