Approval of Establishment of Foreign-Invested Enterprise

Approval of Establishment of Foreign-Invested Enterprise

Approval of Establishment of Foreign-Invested Enterprise.
The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.
 
I. Operation Basis
 
The Law of the People’s Republic of China on Foreign-Invested Enterprises, the Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures and the Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures and their implementation rules, the Company Law and relevant regulations
 
II. Scope of Application
 
The foreign investor sets up a foreign-invested enterprise in such sector listed in the Special Administrative Measures for the Access of Foreign Investment (Negative List)
 
III. Required Materials
 
Application report (original)
Letter of authorization for service of legal documents (original)
Notice on pre-approval of enterprise name issued by the administration for industry and commerce (photocopy)
Contracts and articles of association of foreign-invested enterprise signed by the authorized representative of the investor (original)
Notarized certificate of subject qualifications or identification of the overseas investor and its Chinese translation
 
It is necessary to provide the notarial materials issued by the local notary office at the place of the investor on such registration certificate as well as the certification document issued by the local Chinese embassy or consulate on such registration certificate and notarial materials. If there is no diplomatic relations between China and the country where the investor is, certification shall be first made by the embassy or consulate in a third country which has diplomatic relations with China and the country where the investor is, and then made by the embassy or consulate of China in such third country; and if the investor is an offshore company, the registration certificates of the non-offshore investor of such offshore company shall be submitted.
 
Bank reference letter of the overseas investor and its Chinese translation (original)
Business license (photocopy) and bank reference letter of the domestic investor (original)
Personal identification papers of authorized representatives of investors (photocopy)
Letter of appointment and personal identification of board member or executive director, member of board of supervisors, or supervisor (photocopy)
Valid certificate of place of incorporation (original) and property ownership certificate (photocopy)
Relevant approval document or filing document issued by the State-owned assets authority (for the project involving state-owned assets, to be provided in accordance with relevant regulations on the administration of State-owned assets) (original)
Undertaking on the authenticity of provided materials, sealed by the enterprise and signed by the legal representative (original)
Agency agreement, and business license of the agency (photocopy), in case of entrusting an intermediary to make application
Other documents required by the examination and approval authority

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