Foreign-invested enterprises set up investment company shall be submitted to the documents:
1, "Application for registration of establishment of foreign-invested enterprises" (includes "enterprises to set up registration forms," "Chinese investors List", "List of foreign investors", "enterprise legal representative of the registration form", "Board members, managers, supervisors proof of employment, "" corporate domicile "and other forms);
2 articles of association;
3, the approving authority's approval and the "foreign investment enterprise approval certificate" copy 1;
4, the legal status that all investors (foreign investors should be submitted by the host country and by the notary public in the country to make our country (consulate), the main qualification certificate or identity certificate; Hong Kong, Macao and Taiwan regions, the main qualification that investors or proof of identity shall provide the local notary notarized document (Hong Kong by the China Legal Service (HK) Limited stamped seal transmitting transmitting the mainland public security department issued MTPs can be used as a natural person investors in Taiwan identification without the need for notarization); foreign investor's country to establish diplomatic relations with China has not yet been terminated or diplomatic relations, their main qualification certificate or identity should be notarized by a notary public after the host country by having diplomatic relations with China in the country to a third country (consulate), the aforementioned notarization, authentication files needed by China in the third country to make (consulate).);
5, "Company Name pre-approval notice";
6, "designated (commission) book";
7, "Corporate Secretary (contact) registration form";
8, "legal documents power of attorney" and the authorized person's qualification certificate or identity certificate;
9, operates in the pre-licensing program, shall be submitted for approval approval documents.
Foreign-invested enterprises incorporated in the program
Establishment of foreign invested enterprises, generally through the following steps:
The first step: to receive consultation and fill out the "name (change) pre-approved application," while preparing related materials;
Step two: submit "name (change) pre-approved application" and related materials, waiting for approval the name of the results;
The third step: collect the "Company Name pre-approval notice," while receiving "foreign-invested enterprises to set up the application for registration" and other related forms; to the business department for examination and approval procedures to obtain approval and "foreign investment enterprise approval certificate"; business covering laws, administrative regulations and the State Council decided to set the permission (see specific projects the Beijing Administration for Industry published the "Beijing pre-licensing business registration project directory"), should also go through the relevant approval procedures; Chinese state-owned equity investment involved ( assets) shall comply with the relevant provisions of the state-owned assets management;
Step Four: Submission of application materials are complete, comply with the statutory form, waiting to receive "allowed the establishment of registration notice";
Step five: get "set up to grant registration notice";, follow the "allowed the establishment of registration notice" to determine the date of payment to the Industrial and Commercial Bureau and obtain a business license.
For foreign (regional) enterprises in China engaged in production and business activities will go through the following steps:
The first step: after receiving advice and fill the "foreign (regional) enterprises in China engaged in production and business activities registration application", "designated (commission) book"; to the examination and approval department for examination and approval formalities (approval of contracted projects by the Beijing Municipal Construction Committee , operation and management contract approved by the Beijing Municipal Bureau of Commerce, foreign (regional) financial enterprises approved by the CBRC; foreign countries (regions) insurance companies approved by the CIRC, foreign (regional) oil exploration and development approved by the Ministry of Commerce), to receive approval documents ;
Step Two: Submission of application materials are complete, comply with the statutory form, waiting to receive "allowed the establishment of registration notice";
The third step: collect the "allowed the establishment of registration notice", follow the "allowed the establishment of registration notice" to determine the date of payment to the Industrial and Commercial Bureau and obtain a business license.
Drew particular attention to:
Various types of foreign-invested enterprises in the process of registration, such as the submission of documents and certificates in a foreign language, shall be accompanied by Chinese translations.
Application for registration of foreign-invested enterprises shall submit documents and certificates
The following call for investors is the legal proof of eligibility:
1, the Chinese side: investors business, issued by the official seal stamped with the company's "business license" copies; investors and institutions, and stamped with the official seal of issuing "certificates of legal institutions," a copy; investors social groups, issued by the official seal stamped with the "legal person registration certificate of social organization," copy and civil society management to confirm the "non-party and government organs of the social groups that run"; investors to trade unions, should be submitted to district and county above union agreed to invest the approval documents.
In the joint venture was set up in Zhongguancun Science Park (for) high-tech enterprises, Chinese citizens can be natural person funded.
2, foreign: investors business, issued by the host country (region) registration authority issued a certificate of registration; investor is a natural person, to submit their ID card, passport or proof of permanent residence. (Including Hong Kong and Macao Special Administrative Region of the investor's identity should be natural for the local SAR permanent resident ID card or passport, a natural person investors in Taiwan's local identity should be a permanent identity card or passport issued by Mainland authorities MTP.)
Drew attention to the following units do not have the qualifications or ability to invest in investment restrictions:
Beijing is locked into the credit information system "alerts the system," the market players (including natural persons), during the lock into the qualifications of its investment restrictions. For example: being locked into the "system alerts" natural persons, can not be held during the lock into the new shareholders of other companies; not have as shareholders in the company or the transferee in additional shares.
3, the strict implementation of CPC Central Committee and State Council, the municipal government to do business on the prohibition of party and government organs and enterprises run by party and government authorities and the relevant provisions of decoupling. In addition to the party and government organs and institutions are owned press, publishing, research, design, hospitals, schools, libraries, museums, parks, theaters, performances by the class nature of the city's districts and counties established by the town center can be a collective asset management investors, the other party and government organs and institutions, whether owned with administrative functions, regardless of the nature of their sources of funding are not always registered as investors.
Party and government organs, judicial and administrative departments and social organizations sponsored party and government organs shall not invest in enterprises.
But part of the city-sponsored social non-party and government organizations to apply for the establishment of investment companies, should follow the "Beijing Civil Affairs Bureau, Beijing Municipal Administration for Industry and community groups on Beijing to set up companies on investment issues," (Beijing, China Social Development [2005] No. 392) provides that the municipal (district, county) civil society administration issued "non-party and government organizations run by social proof" and submit the "Certificate of corporate social groups" (copy) a copy, you can based on " Company Law "provides for the company.
Social groups belonging to the State Council administrative department of social organizations registered legal entities applying for investment to establish enterprises, social organizations should examine the establishment, the nature of the investor, the investor can invest in human members registered companies. Can not provide when the investor community groups to establish the nature of the material, should examine the social constitution, statute expressly provides funding sources include members of, can invest in registered enterprises.
4, accounting firms, auditing firms, asset evaluation agencies, law firms, as investors may invest in other sectors to foreign investment enterprises.
5, the union by the district, county level and above can invest in the establishment of trade unions approved foreign-invested enterprises.
6, the laws and regulations prohibit the person engaging in business activities, foreign-invested enterprises shall not become investors.
7, a foreign (region) investment in the establishment of a natural person shall not be re-invested Company Limited, a new one Limited.
Drew particular attention to:
To set up wholly foreign-owned form a Company Limited, and its minimum registered capital of 100,000 yuan or the equivalent of 10 million yuan of foreign currency.
Foreign investment limited liability company (including a Company Limited) to pay shareholders a one-time contribution of all, should be established within six months from the date paid; paid in installments, the first capital contribution shall not be less than it thinks pay a capital contribution of 15%, nor less than the statutory minimum registered capital, and establishment of the company shall within three months from the date paid, the rest of the establishment of the company by the shareholders within two years from the date paid; which investment company can be paid in five years. Corporation to pay the way of foreign investment in accordance with Foreign Investment Company paid manner.
The amount of money invested all shareholders registered capital of not less than 30%. Shareholders in kind, intellectual property rights, land use rights, options, and other non-monetary property appraised, but the laws and regulations shall not be funded unless the property. (Relating to the case of equity investment, please see this single one-time 18 - "How to apply for registration of equity funding")
Joint ventures in kind (including equipment), industrial property and other non-monetary assets (excluding land use rights) funded, may submit an assessment report issued by the agency, the price agreed upon by all the investors to sign documents confirming the value.
Choice of residence (premises) should pay attention to:
1, "building warrant" shall include "residential use" undocumented "housing purposes", and should be submitted to "construction project planning license" or "land use right certificates," a copy.
2, without obtaining the "house ownership" of property as a residence (premises), shall be submitted to the Housing construction administrative department issued documents. Can not provide the documents submitted to planning department issued a "notice of acceptance of construction project planning" and the housing administration department issued a "final acceptance form." "Notice", "record sheet" recorded in the construction unit and property unit inconsistent, should be submitted to the administrative department for housing issued by the relevant documents.
Can not issue a "notice of acceptance of construction project planning" and "final acceptance form", the residence (premises) located in urban areas, should be submitted to county government or county planning department issued documents, documents should be recorded in housing ownership, housing purposes, etc., and should be clear that the residence (premises) are not illegal constructions. Residence (premises) located in rural areas, should be submitted to the township people's government-issued documents, supporting documents should be recorded in housing ownership, housing purposes, etc., and should be clear that the residence (premises) are not illegal constructions.
3, the central ministries and other departments to manage the property as a residence (premises), not to provide "building warrant", the requirement to submit the following documents:
(1) central agencies directly under the house as a residence by the central agencies directly under the housing management department issued residence certificate, residence certificate should clearly does not belong to the illegal construction and housing.
(2) 国务院各部委 house as a residence by the State Council Government Offices Administration of the housing management department issued residence certificate, residence certificate should clearly does not belong to the illegal construction and housing.
(3) the use of housing owned enterprises as the central residence, corporate housing management by the residence documents issued by the department, documents should be clear that the house does not belong to illegal construction and housing.
(4) use of the railway system of housing as shelter from the Beijing Railway Bureau's housing management department issued residence certificate, supporting documents should be made clear housing purposes, does not belong to illegal construction, should also be clear on both sides of the railway is not within 100 meters.
(5) the use of technologies of the future city housing, and the State Council, the municipal government approved the construction of development zones (Science and Technology Park, Free Trade Zone) within the housing as a residence, proof of residence issued by the park management documents, documents should be clear that the residence does not belong to illegal construction and housing.
4, use the following special property as a residence (premises), it shall submit the appropriate documents.
(1) the use of military property as a residence (premises), and submit "the army of real estate lease license" copy of the original and copy.
(2) the use of armed forces of real estate as a residence (premises), shall be submitted to the Ministry of Armed Forces Logistics Infrastructure barracks issued the "armed forces of real estate lease license" copies; armed forces housing tenant sublet the property, the new Lessee shall be submitted to the Ministry of Armed Forces Logistics Infrastructure barracks issued to the lessee of the "armed forces of real estate lease license" copies, and the armed police proof of rental management.
(3) the use of hotels and restaurants (the hotel) as a home, submit the official seal of the hotels, restaurants (the hotel) the business license as a residence (premises) to use that.
(4) Department of housing providers approved by the industrial and commercial administration management with rental housing project, which business scope includes "lease commercial space," "rent office space," "commercial rental" project, by the enterprise submit a copy of the official seal of business license and building ownership certificates for use copy as proof of residence.
(5) confirmation by the Municipal Bureau of Commerce for registration as a community convenience food stores, where the street by the office or community service centers agree to use the premises issued to engage in business as proof of residence, proof of residence should be clear that the (premises) does not are illegal constructions.
(6) apply in the newspaper kiosks business, "corporate residence (premises) that" page "property to show that" field by the Postal Authority, sealed and submitted to the Municipal Committee of the city or county that issued the record copies of supporting documents should be clear that the residence (premises) are not illegal constructions.
(7) has been registered in the commodity trading market set up enterprises or individual business, proof of residence issued by the market service management agencies, and submit the stamped seal of the authority's marketing services business license.
5, the change in residential building houses as a residence for the business purposes (business premises) shall be consistent with national laws, regulations, management of the Statute, according to documents submitted to the following requirements:
(1) residential use residential building housing change for business purposes, and should be submitted to "residence (premises) Registration Form", and the local residents committee or owners' committee issued an interest in residential property owners agreed to change for the business purposes of the documents.
(2) living in the cottage with the housing to change the operating space, and housing construction should be submitted to the consent issued by the administrative department to change the operating space of the documents. Homestead on the part of the construction of housing, should be submitted to the township government issued consent to change the operating space of the documents.
Ground floor and residential housing program for commercial purposes shall not engage in catering services, dance and entertainment, to provide Internet access service establishments, production, processing and manufacturing, management of hazardous chemicals such as those involving national security, there is a serious safety hazard, affecting people's health, pollution of the environment, affecting people's lives and property safety of production and business activities.
6, according to the Ministry of Construction and other departments to develop a "standard real estate market, access and management of foreign investment", the use of foreign institutions and individuals to buy houses as a residence (establishments) engaged in business activities, the foreign institutions and individuals shall the relevant provisions of foreign investment in real estate, foreign-invested enterprises, foreign-invested enterprises to lease through other related services. But rental housing is in the "standard real estate market, foreign access and management of the" implementation (July 11, 2006) before the foreign institutions or individuals in the city to buy, such as the rental area of 500 square meters or less, the lessee to the "corporate residence (premises) that" housing for all the copies of registration certificates; leased area of 500 square meters (inclusive) above, foreign institutions and individuals should set the appropriate property management company, and commissioned by the property management company responsible for the leasing business, the lessee to the "corporate residence (premises) to prove," seal of the property management business license, a copy of house ownership and foreign institutions or individuals entrusted with the property management company responsible for the rental business, power of attorney copy for registration.
Foreign institutions and individuals to rent their house to buy, in addition to the above requirements should refer to relevant procedures, it should also be submitted "residence (premises) Registration Form", and the local residents committee or owners' committee issued the consent of the owners will be interested residential change the documents for business purposes.