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Establishment of Representative
Offices in China
here foreign enterprises need to establish permanent representative
offices in China, they shall apply to competent authorities for
approval and go through the formalities for registration. Without
prior approval and registration, no foreign enterprises may establish
permanent representative offices in China.
I. Applications of foreign enterprises for the establishment of
representative offices in China
shall be filed with the following competent authorities in accordance
with the corresponding trades:
1. For enterprises of trade, commerce, manufacturing and cargo
transportation agency, applications shall be filed with the Ministry
of Foreign Trade and Economic Cooperation of the People's Republic
of China for approval;
2. For enterprises of banking and insurance, applications shall
be filed with the People's Bank of China for approval;
3. For enterprises of maritime transportation and maritime transportation
agency, applications shall be filed with the Ministry of Communications
of the People's Republic of China for approval;
4. For enterprises of air transportation, applications shall be
filed with the Civil Aviation Administration of China for approval;
5. And, for enterprises of other trades, applications shall be
filed with competent commissions, ministries and administrations
of the Government of the People's Republic of China for approval,
in accordance with the nature of their business.
II. In applying for the establishment of a representative office
in China, the foreign enterprise
concerned shall submit the following certificates and other materials:
1. An application signed by the president or managing director
of the enterprise, which shall include the name of the representative
office to be established, information on its top leaders, its scope
of business, the duration of stay, its address, etc;
2. An official license to do business issued by competent authorities
of the country or region where the enterprise is based;
3. Certificates of the credibility rating of the enterprise issued
by financial institutions which have regular business relations
with the enterprise;
4. And, letters of authorization for the personnel with the representative
office appointed by the enterprise and the resume of the personnel.
For enterprises of banking and insurance applying for the establishment
of representative offices in China, they shall also submit the annual
statement of assets and liabilities, the annual statement of losses
and gains, the charter of incorporation and the list of the members
of the board of directors, in addition to the certificates and other
materials required by preceding Items 1, 2, 3 and 4.
III. After the approval of the application of a foreign enterprise
for the establishment of a representative office in China, the enterprise
shall take the certificate of approval to contact the State Administration
for Industry and Commerce of the People's Republic of China to go
through the formalities for registration within 30 days counted
from the date of approval. In going through the formalities for
registration, it shall fill in a registration form and pay a registration
fee before obtaining a registration certificate. Where a foreign
enterprise fails to go through the formalities for registration
by the deadline, it shall have to return the certificate of approval
for revocation.
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