Establishment of foreign-funded companies
Documents required for registration of foreign-funded companies:
1. Registration application form for companies;
2. Branch company¡¯s application for joining the group;
3. Articles of association of the enterprise group;
4. Certificate of being qualified as a legal person of the new member of the enterprise group;
5. Parent company¡¯s shareholding certificate or investment certificate issued by the member enterprise of the group;
6. Approval document issued by the relevant authority;
7. Other documents.
Documents and certificates required for business opening registration for foreign (Area) enterprises engaged in production and operating activities within the territory of China:
1. Application for business opening registration for foreign (area) enterprise engaged in production and operating activities within the territory of China;
2. Project contract;
3. Approval documents or testimonial of the examination and approval authority;
4. Legal business opening certificate of foreign (area) enterprise;
5. Credit certificate of foreign (area) enterprise;
6. Letter of appointment of principal signed by the president or general manager of foreign (area) enterprise;
7. Capital verification report;
8. Articles of association of the foreign (area) enterprise and list of members of its Board of Directors;
9. Operation site (address) using certificate;
10. Other related documents and certificates.
Documents for establishment registration of resident representative offices of foreign (region) enterprises:
1. Establishment registration application form for resident representative offices of foreign (region) enterprises;
2. Approval document issued by the relevant authority;
3. Photocopy of the legal business certificate and the original credit certificate of the foreign enterprise;
4. Appointment document of the (chief) representative of the resident representative office;
5. Certificate of using the office domicile;
6. Articles of association and the member list of the board of director of the foreign (region) enterprise;
7. Other relevant documents and certificates.
Documents required for establishment registration of branches (administrative offices) of foreign-funded enterprise:
For registration of establishment of a branch of foreign-funded enterprises
1. The establishment registration application form for a branch of foreign-funded enterprises signed by legal representative;
2. Approval documents issued by the relevant authority;
3. Articles of association signed by the legal representative;
4. Photocopies of documents of appointment and identification issued by the company by a responsible person of the branch;
5. Operation site using certificate;
6. Photocopy of the duplicate of business license for the company (stamped with company seal);
7. Pre-approval documents;
8. Other relevant documents.
For establishment registration of branches (administrative offices) of foreign-funded enterprises (non-company):
1.Establishment registration application form for a branch (administrative offices) of foreign-funded enterprises;
2. Approval document issued by the relevant authority;
3. Letter of notice issued by the original registration authority;
4. Resolution made by the affiliated enterprise in accordance with laws;
5. Documents of appointment by a responsible person;
6. Operation site or address using certificate;
7. Business license of the affiliated enterprise;
8. Other relevant documents and certificates.
Related:
Instructions for Establishing Foreign-funded Enterpises in Hunan Province
I) Authority Power Limits in Examination and Approval
In accordance with the regulations concerning the authorities and their limits in examining and approving the applications for establishment of the enterprises with foreign investment promulgated by the State Council and the provincial government, foreign-funded enterprises shall be examined and approved by different-level authorities according to their scale and line of business.
a.Foreign funded projects examined and approved by Ministry of Commerce
1) Projects of the encouraged category and the permitted category in the Guideline of Industries for Foreign Investment with the total investment (including increased investment) not less than 100 million U.S. dollars as well as the projects in limited category with total investment not less than 50 million U.S. dollars.
2) Projects shall be examined and approved by Ministry of Commerce based on state related laws and regulations (such as foreign invested shareholding company, investment company and medical institutions etc).
3) Projects involve in import and export quota and license.
b. Foreign funded projects examined and approved by Provincial Department of Commerce
1) Projects of the encouraged category and the permitted category in the Guideline of Industries for Foreign Investment with the total investment (including increased investment) not more than 100 million U.S. dollars but over USD 30 million (including USD 30 million) as well as the projects in limited category with total investment not more than 50 million U.S. dollars (excluding USD 50 million).
2) Projects shall be examined and approved by Provincial Department of Commerce based on state related laws and regulations or within the power limits authorized (entrusted) by Ministry of Commerce(such as international forwarding enterprise for mail express, partial commercial sectors for foreign investment).
c. Foreign funded projects examined and approved by municipality and prefecture commerce department, the administration committees of Changsha Hi-tech Industrial Development Zone, Changsha Economic and Technical Development Zone and Zhuzhou Hi-tech Industrial Development Zone
Projects of the encouraged category and the permitted category in the Guideline of Industries for Foreign Investment with the total investment not more than USD 30 million (excluding USD 30 million).
The Administration Committee of Changsha Economic and Technical Development Zone may examine and approve the projects authorized by Ministry of Commerce (such as international forwarding enterprise for mail express, partial commercial sectors for foreign investment).
¢ò) Registered Capital and Total Investment
The proportion of the registered capital to the total investment shall be as follows:
|
Investment amount of joint-venture enterprises( 10,000 USD) |
The proportion of registered capital |
The minimum amount of registered capital (10,000 USD) |
|
300 or below 300 |
7/10(70%) |
|
|
From 300 to 1000 |
1/2 (50%) |
>210 |
|
From 1000 to 3000 |
2/5 (40%) |
>500 |
|
Above 3000 |
1/3 (33%) |
>1200 |
The proportions of the registered capital to the total investment stipulated above shall be applicable to all equity or contractual joint ventures and wholly foreign-owned enterprise. Exceptions shall be made only upon approval by the Ministry of Commerce together with the State General Administration for Industry and Commerce.
¢ó) Methods of Contributing Investment
1. Convertible foreign currencies;
2. Foreign investors may, after approval by the examining and approving organ, use, as their investment, their profits in Renminbi (RMB) earned from other enterprises with foreign investment established within the territory of China;
3. Machinery and equipment, raw material, and other
4. Land-use right and the operation of public utilities and other buildings erected on the ground after acquisition of the right to use that land;
5. Industrial property rights, and proprietary technology that are assigned a fixed price
Chinese source: hunan.gov.cn