1. What are the requirements for foreign-invested enterprises registered in China?
(1) In line with national industrial policies, it is best to encourage high-tech industries;
(2) Companies that entered the restructuring process earlier;
(3) Well-known companies that have entered China early, have large investments, long maturities, and have a certain degree of "localization", "two ends are outside" companies may encounter obstacles;
(4) The capital is not a very large company, most of the multinational companies have large assets, but the overall listing will divert too much market capital;
(5) Companies that have not committed illegal activities such as tax evasion and tax evasion, and further, there are no companies that clearly use "transfer pricing" to avoid tax;
(6) Companies that have communicated with the Ministry of Foreign Trade and Economic Cooperation and the China Securities Regulatory Commission as early as possible.
According to the "Notice on Relevant Issues Concerning Foreign-invested Joint Stock Companies", existing foreign-invested joint stock companies applying for listing to issue A shares or B shares shall meet the following conditions:
(1) The foreign investment joint stock company applying for listing and after listing shall comply with the foreign investment industrial policy;
(2) The foreign-invested joint stock company applying for listing shall be an enterprise established or restructured in accordance with regulations and procedures;
(3) The proportion of non-listed foreign shares of the foreign-invested joint-stock company after listing should not be less than 25% of the total share capital;
(4) Comply with other conditions required by relevant regulations of listed companies.
2. How to define foreign-invested enterprises and types?
A foreign-invested enterprise refers to an enterprise established within the territory of China in accordance with Chinese law, which is jointly invested by Chinese investors and foreign investors, or solely invested by foreign investors. Joint venture: An enterprise that is jointly invested and operated by all parties to a Chinese-foreign joint venture and shares risks and profits and losses in proportion to the investment. Its main legal characteristics are: the proportion of foreign investors in the registered capital of the enterprise has legal requirements; the enterprise adopts the organizational form of a limited liability company. Therefore, this kind of joint venture is called an equity joint venture, and the Chinese and foreign cooperative parties agree on their rights and obligations through the cooperative enterprise contract. Its main legal features are: there is no mandatory requirement for foreign investors ’share in the registered capital of the enterprise; the enterprise adopts flexible organizational management, profit distribution, and risk burden. Therefore, such a joint venture is called a contractual joint venture. Its main legal characteristics are: all capital of the enterprise is foreign invested and owned. Excluding branches established by foreign companies, enterprises and other economic organizations in China. The main ones, as well as partnerships established by foreign enterprises or individuals with natural persons, legal persons and other organizations in China.
3. What is the process of registering a foreign-invested enterprise in China?
Step 1: Name approval
The responsible department is: Industry and Commerce Bureau
The information to be carried is as follows:
1. Application for pre-approval of the name of a foreign-invested enterprise;
2. Proof of the designated representative;
3. Qualification certificate of all investors.
After acceptance by the Industry and Commerce Bureau, the "Company Name Verification Notice" will be issued, which is usually issued within 5 working days. In addition, Jingguli reminds you that the name you name cannot contain a registered trademark, national place names, mountains and rivers, historical figures, English, and The names of others who are homophonic, etc.
Step 2: Apply for red head approval and approval certificate
The responsible department is: Dongguan Foreign Trade and Economic Cooperation Bureau
Need to bring the following information:
1. The local (or municipality) foreign affairs office's request for the establishment of "three-funded" enterprises;
2. Constitution and feasibility study report;
3. Commercial enterprises need to submit a catalog of import and export commodities;
4. "Notice of Pre-approval of Enterprise Name" issued by the Municipal Administration for Industry and Commerce;
5. List of members of the board of directors of the "three-funded" enterprise;
6. The qualification certificate or identity certificate of each investor's subject is notarized and certified by the notary agency in the country or region where it is located;
7. Credit certificate submitted by all parties to the investment;
8. Power of attorney.
Red head approval will be issued, foreign-funded enterprise approval certificate
Step 3: Apply for a business license
The responsible department is the Industry and Commerce Bureau
Need to bring the following information:
1. Proof of property rights;
2. Rental contract;
3. Constitution;
4. The original shareholder ID card will be issued after the acceptance of the company's legal person business license, usually within 5 working days.
In addition, Jingguli (Guangdong) Enterprise Management Co., Ltd. reminds you that you need to pay attention to: 1. The property rights certificate should be stamped by the local village. 2. The address of the property right certificate must be the same as the address on the lease contract. 3. Shareholders should go to the industry and commerce to take pictures and sign
Step 4: Apply for organization code certificate
The responsible department is the Technical Supervision Bureau,
Need to bring the following information:
1. Original business license;
2. The original identity card of the legal person;
3. The official seal will be issued an organization code certificate after acceptance, generally 0.5 working days.
Step 5: Go through national tax registration
Agency responsible: National Taxation Bureau
The following information is required:
1. Original business license;
2. The original identity card of the legal person;
3. Official seal;
4. Copy of the property right certificate;
5. A copy of the charter;
6. Rental contract;
7. The original organization code certificate
National tax registration certificate will be issued, usually 0.5 working days.
Step 6: Go through local tax registration
Department responsible: Local Taxation Bureau
Need to bring the following information:
1. Original business license;
2. The original identity card of the legal person;
3. Official seal;
4. Copy of the property right certificate;
5. A copy of the charter;
6. Rental contract;
7. The original organization code certificate
Land tax registration certificate 0.5 working days
Step 7: Bank account opening
Agency responsible: Bank
Need to bring the following information:
1. Original business license;
2. The original identity card of the legal person;
3. Official seal, financial statement, private seal;
4. Copy of the articles of association;
5. The original organization code certificate
permission for opening bank account;
Credit code certificate 10 working days
Step 8: Apply for customs registration certificate
Handling department: Customs
Need to bring the following information:
1. Original business license;
2. The original identity card of the legal person;
3. Official seal;
4. The original organization code certificate;
5. National tax registration certificate;
6. Local Tax Registration Certificate It will take 15 working days for the Customs Self-declaration Registration Certificate to be issued.
Step 9: Go through foreign exchange registration
Handling department: SAFE
Need to bring the following information: 1, the original business license;
2. The original identity card of the legal person;
3. Official seal;
4. The original organization code certificate;
5. National tax registration certificate;
6. Local tax registration certificate It will take 5 working days to issue a foreign exchange registration certificate.
Step 10: Apply for an electronic port
Handling department: Huangpu Customs
Need to bring the following information:
1. Original business license;
2. The original identity card of the legal person;
3. Official seal;
4. The original organization code certificate;
5. National tax registration certificate;
6. Land tax registration certificate
It usually takes 7 working days to issue an electronic port card.
The eleventh step: go through the commodity inspection record
Department responsible: Commodity Inspection Bureau
Need to bring the following information:
1. Original business license;
2. The original identity card of the legal person;
3. Official seal;
4. The original organization code certificate;
5. National tax registration certificate;
6. Local tax registration certificate will issue a self-reported inspection certificate, which usually takes 3 working days.
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