Filing of Foreign Investment Projects

Filing of Foreign Investment Projects

Filing of Foreign Investment Projects
Notice of the China (Shanghai) Pilot Free Trade Zone on the Filing of Foreign Investment Projects.
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
 
Framework Plan for the China (Shanghai) Pilot Free Trade Zone, Measures for Administration of the China (Shanghai) Pilot Free Trade Zone, and Measures for Administration of the Filing of Foreign Investment Projects in the China (Shanghai) Pilot Free Trade Zone
 
II. Scope of Application
 
Sino-Foreign equity joint ventures, Sino-Foreign contractual joint ventures, wholly foreign-owned, foreign-invested partnerships, M&A of domestic enterprise by foreign investors, capital increase of foreign-invested enterprises and all other foreign investment projects other than those set out in the Special Administrative Measures for the Access of Foreign Investment in the FTZ (Negative List) (unless otherwise specified by the State Council to reserve and approve with respect to domestic investment projects).
 
III. Required Materials
 
1. Application Form for Filing of Foreign Investment Projects in the China (Shanghai) Pilot Free Trade Zone (original)
 
2. Enterprise registration certificate (business license) and business registration certificate (for individual investor, personal identification) of the Chinese and foreign parties (photocopies);
 
3. Letter of intent for investment signed by all investors, company board resolution for the capital increase or M&A project, or relevant capital contribution resolution (originals);
 
4. Real estate title certificate, or land bid-winning notice (or land transaction confirmation, or state-owned construction land use right transfer contract), or lease agreement (photocopies);
 
5. Other relevant materials that shall be submitted in accordance with relevant regulations.
 
IV. Application Process
 
(I) “One-off” acceptance process (applicable to application made at the establishment of a new company)
 
The applicant for filing of a foreign investment project shall, with the pre-approval of the enterprise name from the administration for industry and commerce, log in to “FTZ Investment Application Express” on “China Shanghai”portal website, or the portal website of the China (Shanghai) Pilot Free Trade Zone, to compare the industry to be invested in with the Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List). Go through the procedures for filing of such foreign investment project that is in the scope of filing of foreign investment projects in the FTZ. The filing applicant shall, after completing online, download, print and sign relevant forms. The filing applicant shall submit paper materials to the investment management service window of the general service hall of the FTZ to go through the “one-off” acceptance procedures, as required.
 
The project filing agency shall conduct filing, for such foreign investment project that does not violate laws and regulations, complies with national industry policies, and is in the scope of filing of foreign investment projects in the FTZ.
 
The applicant for filing of a foreign investment project shall receive the filing opinions at the investment management service window of the general service hall of the FTZ.
 
(II) Process of separate application for foreign investment projects
 
The applicant for filing of a foreign investment project may log in “FTZ Investment Application Express” on “China Shanghai” portal website, or the portal website of the China (Shanghai) Pilot Free Trade Zone, to make online project application. Compare the industry to be invested in with the Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List), and go through the procedures for filing such foreign investment project that is in the scope of filing in the FTZ. The filing applicant shall, after completing online, download, print and sign relevant forms. The filing applicant shall submit paper materials to the investment management service window of the general service hall of the FTZ to go through relevant procedures, as required.
 
The project filing agency shall conduct filing, for such foreign investment project that does not violate laws and regulations, complies with national industry policies, and is in the scope of filing of foreign investment projects in the FTZ.
 
The applicant for filing of a foreign investment project shall receive the filing opinions at the investment management service window of the general service hall of the FTZ.

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